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Introduction: The Karnataka High Court has reaffirmed that the statutory procedure prescribed under Section 5(1)(b) of the Minimum Wages Act, 1948, must be followed when the State Government undertakes to revise minimum wages through the proposal-and-objection mechanism. The Court held that once the Government chooses to proceed under this provision, it cannot bypass the mandatory […]
Introduction: The Allahabad High Court has upheld the removal of a private hospital from the panel of hospitals empanelled under the Ayushman Bharat–Pradhan Mantri Jan Arogya Yojana (AB-PMJAY), after serious shortcomings allegedly emerged in the treatment provided to a two-month-old child suffering from blood cancer. The allegations concerned the charging of ₹9,000 for two units […]
Introduction: The Bombay High Court has held two practising advocates guilty of criminal contempt for threatening a judicial officer, raising allegations of corruption and attempting to pressure the judge while judicial proceedings were underway. Emphasising that lawyers are officers of the Court and have a duty to uphold the dignity of the judicial institution, the […]
Introduction: The Karnataka High Court has ruled that the State Government cannot bypass the statutory procedure for revising minimum wages once it has chosen to act under Section 5(1)(b) of the Minimum Wages Act, 1948. The Court held that publication of the wage revision proposal in the Official Gazette and the opportunity for affected stakeholders […]
Introduction: The Madhya Pradesh High Court has issued notice to the State Government and other respondents on a public interest litigation challenging the alleged continued plantation of Conocarpus trees in public places despite an official circular directing urban local bodies to avoid planting the species. The petition raises questions concerning the implementation of environmental policy, […]
Introduction: The Allahabad High Court has clarified that a government servant who contracts a second marriage in violation of the applicable service conduct rules, without obtaining the requisite permission from the Government, may face a major penalty depending on the facts and circumstances of the case. The Court held that the punishment for violating Rule […]
Introduction: The Jammu & Kashmir and Ladakh High Court at Jammu has set aside an order directing further investigation into alleged irregularities in the implementation of the Pradhan Mantri Sahaj Bijli Har Ghar Yojana, popularly known as the SAUBHAGYA Scheme, in Jammu Division. In Manhar Gupta and Others v. Union Territory of Jammu & Kashmir […]
Introduction: The Andhra Pradesh High Court has ruled that a donor cannot unilaterally cancel a registered gift or settlement deed at their own discretion after the property has been transferred to and accepted by the donee. The Court held that a unilateral cancellation of such a deed cannot be legally sustained merely because the donor […]
Introduction: The Meghalaya High Court has strongly cautioned advocates appointed as Amicus Curiae that their obligation to assist the Court cannot be overridden by a call for an advocates’ strike. The Court observed that an Amicus Curiae is an officer of the Court whose primary duty is to assist the judiciary in arriving at a […]
Introduction: The Calcutta High Court has expressed serious concern over strikes commenced by lawyers at two subordinate courts following reports of alleged untoward incidents involving members of the Bar. A Division Bench comprising Chief Justice Ravindra Vithalrao Ghuge and Justice Om Narayan Rai observed that continuation of such strikes would be counterproductive as litigants would […]
Introduction: The Allahabad High Court has allowed habeas corpus petitions filed by Vibhor Rana and Vishal Singh and quashed their preventive detention under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, in connection with cases concerning the alleged diversion and illegal trafficking of codeine-based cough syrups. A Division Bench comprising […]
Introduction: The Delhi High Court is examining the increasingly significant question of how Indian law should protect the personality and publicity interests of celebrities without creating an unrestricted proprietary right over a person’s image, name or persona. During the hearing of actor Janhvi Kapoor’s suit seeking protection of her personality rights, Advocate Gautam Bhatia, appointed […]
Introduction: The Supreme Court has held that the refusal of a person to marry his partner, even where such refusal is followed by the partner taking her own life, cannot by itself constitute abetment of suicide under Section 306 of the Indian Penal Code. The Court emphasised that the prosecution must establish the necessary element […]
Introduction: The Supreme Court has reiterated that the offence punishable under Section 394 of the Indian Penal Code cannot be established merely by proving that an accused voluntarily caused grievous hurt during an incident in which robbery is alleged. The prosecution must independently establish the foundational element of robbery or an attempt to commit robbery. […]
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 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, […]
“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 […]
