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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 Punjab and Haryana High Court, in Philips and another v. Union of India, has reaffirmed the protective approach governing compensation claims arising out of railway accidents and untoward incidents. Justice Harkesh Manuja set aside the decision of the Railway Claims Tribunal, Chandigarh, which had rejected the claim of the parents of a deceased […]
Introduction: The Calcutta High Court has reaffirmed an important principle of matrimonial law: isolated instances of spouses living together or engaging in physical relations after separation do not, by themselves, amount to condonation of earlier acts of matrimonial cruelty. Upholding a decree of divorce granted to a husband on the ground of mental cruelty, the […]
Introduction: In an important ruling on the application of the doctrine of res judicata in criminal maintenance proceedings, the Gauhati High Court has held that an earlier judicial finding establishing a physical relationship between a man and a woman, and further recording that a child was born out of that relationship, can operate as res […]
Introduction: In an important ruling on procedural fairness under the Foreign Contribution (Regulation) Act, 2010, the Calcutta High Court has held that the principles of natural justice are inherently embedded in the process for renewal of an FCRA registration under Section 16 of the Act. The Court ruled that where the Central Government chooses to […]
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: 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 […]
Introduction: The Allahabad High Court has delivered a significant ruling on the retrospective effect of declaring a post-Constitution law or statutory regulation unconstitutional, holding that an employee’s termination cannot survive where it was founded upon a regulation subsequently struck down as violative of fundamental rights. The Court clarified that when a post-Constitution statute or statutory […]
Introduction: The Delhi High Court has underscored that the criminal justice system cannot permit an accused person to remain behind bars for years while the trial moves at an unreasonably slow pace, particularly when delays are aggravated by the repeated absence of the Investigating Officer. While granting regular bail to two accused who had spent […]
Introduction: The Gauhati High Court has enhanced the compensation awarded to the family of a man who died in a motor vehicle accident from Rs.5,89,000 to Rs.8,81,500, holding that the Motor Accident Claims Tribunal had failed to award compensation towards the deceased’s future prospects and parental consortium payable to his two sons. The Court emphasised […]
Introduction: The Supreme Court has reaffirmed that a plaint which is ex facie barred by limitation can be rejected at the very threshold under Order VII Rule 11 of the Code of Civil Procedure, 1908, where the bar is apparent from the averments contained in the plaint itself. The Court clarified that although limitation is […]
Introduction: The Supreme Court, in Lakshmi Mohan (Dead) Through LRs. & Anr. Versus M/s. Airtech Projects Engineers Pvt. Ltd. & Anr. with connected cases, has drawn an important distinction between a procedural irregularity and a defect serious enough to invalidate an auction sale conducted under the Securitisation and Reconstruction of Financial Assets and Enforcement of […]
Introduction: The Jharkhand High Court has reaffirmed the importance of the principles of natural justice in matters involving public employment, observing prima facie that regular appointments cannot be disturbed or terminated without following due process of law. In Saurav Singh & Ors. v. State of Jharkhand through the Chief Secretary, Government of Jharkhand & Ors., […]
Introduction: The Bombay High Court has delivered an important ruling on the scope of remedies available under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, holding that an Internal Complaints Committee’s decision to reject a complaint at the threshold without conducting an inquiry can still amount to a “recommendation” under […]
“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 […]
