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Introduction: The Allahabad High Court has delivered an important ruling on the limits of the State’s power to blacklist contractors and firms, holding that an order of debarment for an indefinite or perpetual period is impermissible and amounts to a grave civil consequence that can effectively result in the “civil or commercial death” of an […]
Introduction: The Madras High Court has dismissed the bail appeal of an accused booked under the Unlawful Activities (Prevention) Act, 1967, in connection with an alleged terror conspiracy involving support for ISIS and Daesh. The Court held that materials such as potassium nitrate, sugar and batteries cannot be viewed in isolation when the prosecution alleges […]
Introduction: The Karnataka High Court has quashed criminal proceedings initiated against a senior citizen over allegations that her Golden Retrievers attacked a lawyer and prevented him from attending court, finding the complaint vague, inconsistent and incapable of justifying the continuation of a criminal prosecution. In a striking observation, the Court questioned the very foundation of […]
Introduction: The High Court of Jammu & Kashmir and Ladakh has reiterated an important principle of civil procedure: a suit that fails to satisfy the technical requirements of the summary procedure under Order XXXVII of the Code of Civil Procedure, 1908, does not necessarily have to be rejected if the plaint otherwise discloses a valid […]
Introduction: The Patna High Court has reiterated an important principle governing administrative fairness and blacklisting: the rules of natural justice require a person facing adverse action to be given a reasonable and meaningful opportunity to respond, but they do not compel an authority to keep granting repeated or unlimited opportunities until the affected party offers […]
Introduction: The Uttarakhand High Court has reaffirmed that even a temporary acquisition of land by the State cannot be carried out by dispensing with the basic requirements of notice and due process. Holding that a person cannot be deprived of the use and control of land in his possession through administrative action taken without following […]
Introduction: The Jharkhand High Court has reaffirmed the broad protective scope of Section 498A of the Indian Penal Code, holding that cruelty against a married woman to coerce her or her family into meeting any unlawful demand for property or valuable security may attract the provision even if the demand is not specifically connected with […]
Introduction: The Calcutta High Court has delivered an important ruling strengthening the participatory rights of victims in criminal proceedings, holding that a victim represented by an advocate is entitled to obtain copies of the documents contemplated under Section 230 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The Court further made it clear that a […]
Introduction: The Gauhati High Court has delivered an important ruling on the remedies available to an excluded legal heir in succession certificate proceedings, holding that the existence of a specific remedy for revocation under Section 383 of the Indian Succession Act, 1925 does not render an application under Order IX Rule 13 of the Code […]
Introduction: The Madhya Pradesh High Court has drawn an important distinction between a breach of contractual or administrative conditions and the commission of a criminal offence, holding that an authorised IRCTC e-ticketing agent does not become liable for prosecution under Section 143 of the Railways Act, 1989 merely because he used his personal IRCTC user […]
Introduction: The Patna High Court has set aside the conviction of four men who had been found guilty of gang rape more than two decades ago, holding that the prosecution failed to establish their guilt beyond reasonable doubt. In a significant judgment emphasising the foundational principles of criminal jurisprudence, the Court found serious discrepancies in […]
Introduction: The constitutional protection requiring an arrested person to be produced before a Magistrate within twenty-four hours cannot be postponed by describing an initial restraint as mere “detention” and treating a later formal arrest as the starting point of custody. In a significant ruling concerning personal liberty and procedural safeguards in narcotics investigations, the Gauhati […]
Introduction: In a significant ruling on the limits of State legislative power and the doctrine of repugnancy under the Constitution, the Allahabad High Court has struck down key provisions of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021. The Court held that the statutory provisions governing rent revision, rent determination, eviction and the […]
Introduction: In a significant ruling concerning service law, promotions and the effect of subsequent changes in qualification norms, the Supreme Court in R.J. Gajendra Kumar v. Government of Tamil Nadu and Another has reaffirmed that an employee who acquired the requisite educational qualification under the rules prevailing at the relevant time cannot ordinarily be deprived […]
Introduction: The Delhi High Court has emphasised the need for the timely completion of the selection process for Para-Legal Volunteers, observing that law students in the second and third years of their course should not lose the opportunity to participate merely because of administrative delays. In Sidharth Yadav & Anr. v. Delhi State Legal Services […]
Introduction: The Allahabad High Court has raised serious concerns over the alleged misuse of the Protection of Children from Sexual Offences Act, 2012, through the production of forged school certificates intended to portray a victim as being below eighteen years of age. In Shivam Yadav @ Chhotu v. State of U.P. and 3 Others, reported […]
“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 […]
