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Introduction: In a landmark ruling examining the scope of Section 25 of the Hindu Succession Act, 1956, the Supreme Court of India reaffirmed the long-standing legal principle that no individual should be permitted to benefit from his own wrongdoing. The judgment, delivered in Manjula and Others v. D.A. Srinivas, addressed whether a person accused of […]
Introduction: In a significant judgment clarifying the scope and purpose of Order VII Rule 11 of the Code of Civil Procedure, 1908, the Supreme Court of India in Manjula and Others v. D.A. Srinivas emphasized that trial courts are not expected to mechanically register suits merely because a plaint has been presented before them. Instead, […]
Introduction: In an important judgment concerning the evidentiary value of unregistered agreements to sell and the scope of judicial scrutiny at the interim injunction stage, the Jammu & Kashmir and Ladakh High Court recently held that an unregistered agreement to sell, though inadmissible for proving title to immovable property, can nevertheless be relied upon for […]
Introduction: In an important judgment interpreting the scope of discretionary powers under the Arms Act, 1959, the Karnataka High Court has clarified that authorities cannot refuse renewal of a firearm licence merely because the applicant does not own agricultural land. The decision reiterates that licensing authorities must strictly adhere to the statutory framework under the […]
Introduction: In a significant judgment underscoring the importance of procedural safeguards in prosecutions under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), the Delhi High Court recently acquitted a man who had earlier been convicted in a commercial quantity heroin recovery case. While setting aside the conviction and ten-year sentence, the Court delivered […]
Introduction: In a landmark ruling that significantly expands the scope of compassionate and purposive interpretation under accident compensation law, the Gujarat High Court recently held that a nine-month foetus must be treated as a child for the purpose of compensation under the Railways Act. The Court clarified that the death of a child in the […]
Introduction: In a significant ruling highlighting the growing judicial concern over cyber fraud and digital offences, the Rajasthan High Court recently held that cyber crimes cannot be viewed merely as disputes between private individuals because such offences have far-reaching consequences on the digital ecosystem and public confidence in electronic transactions. The Court observed that permitting […]
Introduction: In a significant judgment reinforcing the sanctity of judicial proceedings and the obligation of litigants to approach courts with honesty and clean hands, the Delhi High Court recently directed initiation of perjury proceedings against a company after finding prima facie evidence that false averments had been made in a civil suit supported by allegedly […]
Introduction: In an important ruling reaffirming the limits of statutory commissions and the primacy of civil court jurisdiction in property disputes, the Kerala High Court recently held that the Kerala State Minority Commission cannot exercise powers to evict a person from property by bypassing the jurisdiction of competent civil courts. The judgment was delivered by […]
Introduction: In a significant judgment reinforcing consumer protection within the electricity regulatory framework, the Supreme Court of India, in Delhi Electricity Regulatory Commission v. Tata Power Delhi Distribution Limited, held that electricity consumers cannot be compelled to bear depreciation costs for a power plant that ceased supplying electricity to them, even if the asset technically […]
Introduction: The Calcutta High Court recently expressed serious concern over the prolonged detention of foreign nationals lodged in correctional homes across West Bengal even after they had completed their criminal sentences. The Court questioned the apparent administrative vacuum surrounding repatriation and post-release civil detention mechanisms, while also criticizing the State for continuing to house such […]
Introduction: In an important judgment concerning co-ownership rights, partition of property, and the applicability of stamp duty under the Indian Stamp Act, the Kerala High Court has clarified that a person who receives an undivided share in a co-owned property through a valid gift deed steps into the shoes of the donor and becomes a […]
Introduction: In a significant judgment examining the evidentiary standards required to establish criminal conspiracy under the Bharatiya Nyaya Sanhita, 2023, the Madhya Pradesh High Court has held that mere call detail records, without substantive evidence revealing the contents of communication or a prior agreement to commit an illegal act, are insufficient to constitute the offence […]
Introduction: In a significant ruling reaffirming the equitable foundations of matrimonial jurisprudence, the Delhi High Court has held that a husband who himself failed to comply with a Family Court’s direction to pay litigation expenses cannot subsequently seek to strike off his wife’s defence for delay in filing her written statement. The Court emphasized that […]
Introduction: In a significant judgment reinforcing the principles of natural justice in disciplinary proceedings, the Supreme Court of India has held that a delinquent employee who has successfully defended the original charge against him cannot subsequently be punished on a completely different charge without being granted a fresh opportunity to defend himself. The ruling underscores […]
Introduction: In an important ruling concerning the maintainability of Public Interest Litigations in matters involving private community rights, the Uttarakhand High Court has held that disputes relating to burial rights claimed by one Muslim community against another community cannot ordinarily be adjudicated in a PIL proceeding. The Court observed that such claims involve assertion 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 […]
