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Let's talk Law
Introduction: The Supreme Court has expressed strong displeasure with the Odisha Government for repeatedly delaying a decision on the premature release of a life convict who has spent more than 25 years in prison in connection with the 1999 murder of Australian missionary Graham Staines and his two minor sons. The Bench comprising Justice Manoj […]
Introduction: The Supreme Court has reaffirmed the independent role of Human Rights Courts in adjudicating offences arising from violations of human rights, holding that their jurisdiction does not depend upon a prior inquiry or recommendation by a Human Rights Commission. In Sayad Asifulla v. State of Karnataka & Ors., the Bench comprising Justice Vikram Nath […]
Introduction: The Karnataka High Court has granted bail to a man accused of sexually assaulting a minor girl at a brothel, observing that a customer of a brothel cannot, merely from the circumstances stated in the prosecution case, be presumed to know the actual age or caste of the victim. Justice S. Rachaiah allowed the […]
Introduction: The Delhi High Court has set aside an order restraining the All India Carrom Federation (AICF) from using the expressions “India” or “Indian” in its name, logo and sporting competitions, holding that the non-renewal of annual recognition by itself cannot automatically result in the loss of National Sports Federation (NSF) status. The Division Bench […]
Introduction: The Punjab and Haryana High Court has quashed criminal proceedings arising out of a matrimonial and child-custody dispute, holding that allegations concerning the allegedly deceptive taking of children cannot, without more, constitute the offences of cheating or criminal breach of trust. Justice Manisha Batra allowed two connected petitions filed in Inderjit Kaur v. State […]
Introduction: The Calcutta High Court has upheld the authority of the Railways to remove unauthorised occupants from railway property under Section 147(2) of the Railways Act, 1989, without first initiating eviction proceedings under the West Bengal Public Premises (Eviction of Unauthorized Occupants) Act, 1971. The Division Bench comprising Justice Sabyasachi Bhattacharyya and Justice Sandip Kumar […]
Introduction: The Delhi High Court has rejected a habeas corpus petition challenging the custody of Swatantra Bhardwaj in connection with an alleged assault case arising out of a protest-related incident at Jantar Mantar. The Division Bench comprising Justice Navin Chawla and Justice Ravinder Dudeja held that the petitioner had failed to establish a basis for […]
Introduction: The Himachal Pradesh High Court has reiterated an important principle governing service jurisprudence: an employee cannot ordinarily challenge the Annual Confidential Report (ACR) grading of a colleague merely because the colleague secured a better assessment and consequently gained an advantage in promotion. The Court held that a co-employee who has been superseded does not, […]
Introduction: The Allahabad High Court has directed the Government of Uttar Pradesh to undertake a comprehensive examination of the manner in which monetary relief and other benefits are claimed and disbursed under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) […]
Introduction: The Supreme Court of India has expressed serious concern over the growing pendency of cases under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), coupled with what it described as an “unfortunate alarming increase” in offences under the statute across the country. In its continuing suo motu proceedings in In Re: Creation […]
Introduction: The Andhra Pradesh High Court has reaffirmed the special protection available to children in conflict with law, holding that a minor cannot be subjected to the ordinary criminal process applicable to an adult accused. The Court set aside the remand of a 17-year-old boy after finding that he had been wrongly treated as an […]
Introduction: The Bombay High Court, Circuit Bench at Kolhapur, in Surekha Yashwant Pilankar v. State of Maharashtra & Others, Writ Petition No. 5302 of 2024, has delivered an important ruling concerning the entitlement of dependent parents of a deceased unmarried government employee to family pension. A Division Bench comprising Justice Milind N. Jadhav and Justice […]
Introduction: The High Court of Jammu & Kashmir and Ladakh has reaffirmed that preventive detention, being an exceptional measure affecting personal liberty, cannot be sustained on vague allegations, family background or mere possession of books containing controversial or dispiriting titles. In Shafat Maqbool Wani, through his paternal uncle v. Union Territory of Jammu & Kashmir […]
Introduction: The Allahabad High Court, Lucknow Bench, in Krishna Kant Pandey and Another v. State of U.P. through Principal Secretary, Home, Lucknow and Others, has prima facie held that merely creating an email ID in the name of another person would not, by itself, constitute an offence of “identity theft” under Section 66-C of the […]
Introduction: The Delhi High Court has clarified an important aspect of the power of criminal courts under Section 311 of the Code of Criminal Procedure, 1973, holding that reservation of a criminal case for judgment does not, by itself, prevent the trial court from summoning or recalling a witness where the evidence sought to be […]
Introduction: The Supreme Court has taken a serious view of an alleged deviation between the project represented to homebuyers and the manner in which the DLF Primus housing project in Gurugram has actually been developed. In Swarnpreet Kaur & Anr. v. State of Haryana & Others, a Bench comprising Justice Ahsanuddin Amanullah and Justice R. […]
“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 […]
