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Let's talk Law
Introduction: In a significant judgment concerning the law of remission and premature release of prisoners, the Madras High Court has clarified that the requirement of obtaining the Central Government’s consent under Section 435 of the Code of Criminal Procedure, 1973, cannot be mechanically applied in every case involving a conviction under a Central enactment. The […]
Introduction: In a significant judgment reinforcing the regulatory framework governing food safety in India, the Jammu & Kashmir and Ladakh High Court has clarified the scope and purpose of the referral mechanism under the Food Safety and Standards Act, 2006 and the Food Safety and Standards Rules, 2011. The Court held that when a Designated […]
Introduction: The Karnataka High Court is presently examining an important question concerning criminal procedure, police powers, and the legality of criminal investigations arising from allegations of attempted inducement of legislators during the Rajya Sabha elections. In Mr. Birendra Prasad and Others v. State of Karnataka and Another (Criminal Petition No. 6174 of 2026), four accused […]
Introduction: In an important decision concerning procedural fairness and the unique service conditions governing members of the Armed Forces, the Rajasthan High Court has held that summons intended for a Soldier, Sailor, or Airman serving in the Armed Forces must be served through the individual’s Commanding Officer in strict compliance with the General Rules (Civil […]
Introduction: The Madhya Pradesh High Court recently delivered a significant judgment reaffirming the constitutional protection afforded to property rights and the limits of administrative power in matters relating to building permissions and urban development. In Smt. Manju Chawla v. Indore Municipal Corporation, W.P. No. 3547/2020, Justice Jai Kumar Pillai quashed the revocation of a building […]
Introduction: In a significant judgment reinforcing constitutional protections over private property and limiting the misuse of eminent domain powers, the Karnataka High Court has set aside land acquisition proceedings initiated under the Karnataka Industrial Area Development Act, 1966 (KIAD Act) for the benefit of a private entity. The Division Bench comprising Justice D.K. Singh and […]
Introduction: The Jammu & Kashmir and Ladakh High Court, in Union of India & Ors. v. Ex NK Roshan Lal, delivered an important judgment reaffirming the rights of armed forces personnel to receive disability pension where a disability develops during military service and the authorities fail to provide convincing reasons for denying its connection with […]
Introduction: The Supreme Court of India recently declined to interfere with an order of the Madras High Court dismissing a petition seeking directions relating to the lighting of a ceremonial lamp atop the Thiruparankundram Hills in Tamil Nadu. While refusing to disturb the High Court’s findings on merits, the Supreme Court considered the costs imposed […]
Introduction: In a significant ruling concerning the procedural requirements governing transfer of civil suits, the Madhya Pradesh High Court has reiterated that compliance with the statutory mandate contained in Section 22 of the Code of Civil Procedure, 1908 (CPC), is a condition precedent for maintaining a transfer application. The Court emphasized that a defendant seeking […]
Introduction: In a significant judgment emphasizing the need for sensitivity, common sense, and a purposive approach in matters concerning organ transplantation, the Madras High Court recently held that administrative authorities cannot deny life-saving medical treatment based on irrelevant considerations that have no bearing on the statutory requirements governing organ donation. The Court observed that when […]
Introduction: In a significant judgment balancing statutory regulation with reproductive autonomy, the Delhi High Court has held that the Assisted Reproductive Technology (Regulation) Act, 2021, should not be interpreted in a manner that creates unreasonable barriers for couples who have already lawfully commenced fertility treatment. The Court observed that while the Act prescribes age-based eligibility […]
Introduction: In a significant ruling concerning the procedural requirements governing cheque dishonour prosecutions, the Kerala High Court has reaffirmed that strict compliance with the statutory mandate under Section 138 of the Negotiable Instruments Act, 1881, is indispensable for the successful institution of criminal proceedings. The Court held that a demand notice issued under proviso (b) […]
Introduction: In a significant judgment reinforcing the principle that criminal liability under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) cannot be presumed in the absence of conscious involvement or criminal intent, the Punjab and Haryana High Court set aside charges framed against a licensed medical dealer who had been implicated in an […]
Introduction: In a landmark judgment addressing the rapidly expanding online betting and gambling industry, the Supreme Court of India upheld the constitutional validity of legislative measures enacted by the States of Tamil Nadu and Karnataka regulating and prohibiting online betting and gambling activities, including those involving games traditionally claimed to be games of skill. The […]
Introduction: In a significant judgment balancing the sanctity of marriage with the realities of human hardship, the Delhi High Court has held that the statutory one-year waiting period prescribed under the Special Marriage Act, 1954, for filing a divorce petition can be waived in exceptional circumstances where insisting on the continuation of a marriage would […]
Introduction: In an important judgment concerning the legal status of government-assigned lands and the distinction between land acquisition and land resumption, the Andhra Pradesh High Court has clarified that families rehabilitated after displacement for the establishment of the Sriharikota Rocket Launching Station were merely assignees of Government land and not absolute owners. Consequently, while such […]
“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 […]
