- Under the SC/ST Act, merely using a caste name without intending to offend is not a crime: Karnataka High CourtAccording to a recent ruling by the Karnataka High Court [Shailesh Kumar V v State], the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Amendment Act, 2015 (SC/ST Act), merely using a person’s caste name without intending to offend or degrade them would not constitute a crime under the SC/ST Act.Single-judge Justice M. Nagaprasanna reviewed … Continue reading Under the SC/ST Act, merely using a caste name without intending to offend is not a crime: Karnataka High Court
- Following a survivor-wife’s offer to act as surety for him, the Delhi High Court grants bail to the POCSO suspect.In a case involving the Protection of Children from Sexual Offenses Act (POCSO Act), the Delhi High Court recently granted bail to a 20-year-old man after the victim—his wife—offered to serve as his surety [Bijender Mehto v. GNCT of Delhi].According to Justice Anup Jairam Bhambhani, the survivor and the accused appeared to have a consensual … Continue reading Following a survivor-wife’s offer to act as surety for him, the Delhi High Court grants bail to the POCSO suspect.
- A decree would not be suspended by merely filing an appeal: Supreme CourtThe Supreme Court has reaffirmed that until an appeal is listed and an interim order is issued to that effect, the mere filing of an appeal would not serve as a stay of a decree [Sanjiv Kumar Singh v. State of Bihar and Others].A division bench of Justices AS Bopanna and Hima Kohli noted in … Continue reading A decree would not be suspended by merely filing an appeal: Supreme Court
- If a major unmarried daughter does not have a physical or mental illness, she cannot claim support under Section 125 of the CrPC: Kerala High CourtAccording to a recent ruling by the Kerala High Court [Gireesh Kumar N v. Rajini KV and others], a major unmarried daughter is not eligible for maintenance under Section 125 of the Code of Criminal Procedure (CrPC) unless she has a physical or mental condition that makes it impossible for her to support herself.An unmarried … Continue reading If a major unmarried daughter does not have a physical or mental illness, she cannot claim support under Section 125 of the CrPC: Kerala High Court
- Police eject advocate from Gauhati High Court for appearing in jeans at hearingThe Gauhati High Court ordered police to remove a lawyer from the court grounds on Friday when he showed up wearing jeans to appear before the bench.The unexpected turn of events was also noted in Justice Kalyan Rai Surana’s ruling, which was instructed to be presented to the Chief Justice as well as the bar … Continue reading Police eject advocate from Gauhati High Court for appearing in jeans at hearing
- If the detainee cannot establish prejudice, he cannot appeal the detention order on the grounds of non-supply of documents: Kerala High CourtIn a recent decision (Shabna Abdulla v. The Union of India and others), the Kerala High Court ruled that a detainee cannot appeal a detention order issued against him on the grounds that certain documents were withheld from him if he cannot show that doing so caused him harm.Anil K. Narendran and PG. Ajithkumar, sitting … Continue reading If the detainee cannot establish prejudice, he cannot appeal the detention order on the grounds of non-supply of documents: Kerala High Court
- Selection and merging into a general category cannot be criticised as having an excessive amount of representation: Karnataka High CourtAccording to a ruling made last week by the Karnataka High Court in the case of B Gurumurthy v. State of Karnataka, the selection and fusion of individuals from reserved categories into the general category based on merit cannot be objected to on the grounds that there is an excessive representation of people from reserved … Continue reading Selection and merging into a general category cannot be criticised as having an excessive amount of representation: Karnataka High Court
- Informants should receive appropriate compensation in accordance with policy because they face significant risks in order to provide authorities with confidential information: Bombay High CourtThe Bombay High Court has made the observation that authorities should compensate informants in accordance with government policy because they face significant risks in order to provide the authorities with crucial information. [Jayashree Chandrakant Dhavre vs Union of India]In the current case, a division bench of Justices Nitin Jamdar and Abhay Ahuja directed the Custom … Continue reading Informants should receive appropriate compensation in accordance with policy because they face significant risks in order to provide authorities with confidential information: Bombay High Court
- Judicial officials shouldn’t just follow instructions mechanically on printed proforma without thinking: Allahabad High CourtThe Allahabad High Court recently stated that it is unpleasant and deplorable for judicial employees to issue orders by filling in the spaces on printed proforma without using their judicial judgement. (Krishna Kumar v. State)In a criminal case, the High Court found that a summoning order issued by a magistrate had been mechanically passed, leading … Continue reading Judicial officials shouldn’t just follow instructions mechanically on printed proforma without thinking: Allahabad High Court
- The Bombay High Court permits termination of a 33-week pregnancy.In a case involving ABC v. State of Maharashtra & Anr., the Bombay High Court last week approved the termination of a married woman’s 33-week pregnancy after rejecting the medical board’s recommendation to do so due to the length of the pregnancy.Justices GS Patel and SG Dige, sitting as a divisional bench, noted that the … Continue reading The Bombay High Court permits termination of a 33-week pregnancy.
- Conviction cannot be predicated only on the circumstances of “last seen”: Murder suspect cleared by Supreme CourtAccording to the Supreme Court’s recent decision in Jabir and Others v. State of Uttarakhand, which resulted in the acquittal of three people charged with the murder of a 7-year-old kid, an accused cannot be found guilty purely on the basis of the “last seen” situation.The “last seen” doctrine has very limited application, according to … Continue reading Conviction cannot be predicated only on the circumstances of “last seen”: Murder suspect cleared by Supreme Court
- Additional Directors are equally accountable for corporate affairs as Regular Directors: Calcutta High CourtAccording to a recent ruling by the Calcutta High Court in Surendra Kumar Singhi v. Registrar of Companies, West Bengal & Anr., additional directors appointed under Section 161 (1) of the 2013 Companies Act are just as accountable for the company’s actions as regular directors.Justice Shampa Dutt (Paul), citing the pertinent clauses of the Companies … Continue reading Additional Directors are equally accountable for corporate affairs as Regular Directors: Calcutta High Court
- Menstrual leave provided for students in all state-run higher education institutions by the Kerala governmentIn a first for the nation, the Kerala government on Thursday issued an order allowing female students in all state-run higher education institutions to take menstruation leave.In contrast to the 75 percent requirement set forth in the University Rules, girl students are now permitted to take their semester exams with a 73 percent attendance rate, … Continue reading Menstrual leave provided for students in all state-run higher education institutions by the Kerala government
- A two-day delay in filing a FIR does not cast suspicion on the POCSO Act case: Bombay High CourtAccording to a recent decision by the Bombay High Court [Ramkrshna S Kumbhar vs State of Maharashtra and Anr], a two-day delay in filing a First Information Report (FIR) in a sexual assault case under the Protection of Children from Sexual Offenses Act (POCSO Act) cannot be used as a reason to cast doubt on … Continue reading A two-day delay in filing a FIR does not cast suspicion on the POCSO Act case: Bombay High Court
- The Supreme Court rejects a plea to post police chargesheets on official websitesIn the case of Saurav Das v. Union of India and others, the Supreme Court refused a request to make chargesheets submitted by the police, the Central Bureau of Investigation (CBI), and the Enforcement Directorate (ED) available in the public domain and on official websites.Putting chargesheets produced in criminal cases by investigative agencies would go … Continue reading The Supreme Court rejects a plea to post police chargesheets on official websites
- The rights of citizens include the right to know the conditions under which protests are prohibited: Gujarat High CourtIn its ruling in Swati Rajiv Goswami v. Commissioner of Police, Ahmedabad on Tuesday, the Gujarat High Court declared that citizens had a right to be aware of the criteria used by the State Police to decide whether to permit protests or rallies. The Right to Information Act’s (RTI Act) primary goal—to advance transparency in … Continue reading The rights of citizens include the right to know the conditions under which protests are prohibited: Gujarat High Court
- To compensate the relatives of a man who died after falling into a pit on a public road, the Madras High Court invokes no fault liability principle to award them 5 lakh.In a recent case (N Annamalai v. The Union of India), the Madras High Court granted a 5 lakh rupee settlement to the family of a man who died after plunging into a pit built on a road for government construction work. After noting that the deceased had been riding his two-wheeler on a public … Continue reading To compensate the relatives of a man who died after falling into a pit on a public road, the Madras High Court invokes no fault liability principle to award them 5 lakh.
- Tribunals and courts shouldn’t rely on Wikipedia: Supreme CourtIn the case of HP India Sales Pvt Ltd v. Commissioner of Customs (Import) Nhava Sheva, the Supreme Court on Tuesday warned courts and decision-making bodies against relying on unpaid online resources like Wikipedia. A bench of Justices Surya Kant and Vikram Nath further urged courts to advise clients to rely on sources that are … Continue reading Tribunals and courts shouldn’t rely on Wikipedia: Supreme Court
- Journalists are not legally exempt from sharing their sources with investigative agencies: Delhi CourtA Delhi Rouse Avenue court dealing with the phoney CBI report case [CBI v Closure report] on Tuesday noted that there is no statutory immunity in India for journalists from disclosing their sources to investigating agencies if such disclosure is necessary. Judge Anjani Mahajan ruled that the Central Bureau of Investigation (CBI) should not have … Continue reading Journalists are not legally exempt from sharing their sources with investigative agencies: Delhi Court
- No right to instal CCTV cameras for the purpose of spying on neighbours for security reasons: Kerala High CourtIn the case of Agnes Michale v. Cheraneulloor Grama Panchayat and others, the Kerala High Court made the observation on Tuesday that no one is allowed to monitor the activities of their neighbours by installing CCTV cameras, citing security concerns. Therefore, after consulting with the State government, single-judge Justice VG Arun instructed the State Police … Continue reading No right to instal CCTV cameras for the purpose of spying on neighbours for security reasons: Kerala High Court
- Guidelines issued by the Delhi High Court to protect child survivors in POCSO bail proceedings.In a recent case (Babu Lal v. State), the Delhi High Court announced a set of guidelines to protect survivors under the Protection of Children from Sexual Offenses Act (POCSO Act) who must physically show up in court for arguments on bail and confront the accused. As there are charges, accusations, and cases casting doubt … Continue reading Guidelines issued by the Delhi High Court to protect child survivors in POCSO bail proceedings.
- Schools in Uttar Pradesh to return or alter 15% of the fees they received as a result of the COVID-19 epidemic: Allahabad High CourtThe Allahabad High Court has ordered schools in Uttar Pradesh to repay or adjust 15% of the additional fees incurred during the 2020–21 academic session, when the COVID–19 pandemic forced them to close [Adarsh Bhushan v. State of UP], towards fees to be paid in the future. In a ruling in Indian School, Jodhpur v. … Continue reading Schools in Uttar Pradesh to return or alter 15% of the fees they received as a result of the COVID-19 epidemic: Allahabad High Court
- Supreme Court: A subsequent buyer has no right to contest land acquisition processes.The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act 2013 (2013 Act), which prohibits unfair compensation and lack of transparency in land acquisition, rehabilitation, and resettlement, was upheld by the Supreme Court on Monday [Delhi Development Authority v. Manpreet Singh and Others]. The statement was delivered by Justices MR Shah … Continue reading Supreme Court: A subsequent buyer has no right to contest land acquisition processes.
- [Service cases] Supreme Court limits High Courts’ ability to intervene in disciplinary actions under Article 226.In Ex-Const/DVR Mukesh Kumar Raigar v. Union of India and Others, the Supreme Court reaffirmed that High Courts’ ability to intervene in disciplinary decisions made by competent service authorities is constrained by Article 226 of the Constitution. According to a bench of Justices Ajay Rastogi and Bela M Trivedi, the High Court can only assess … Continue reading [Service cases] Supreme Court limits High Courts’ ability to intervene in disciplinary actions under Article 226.
- [Remission under Section 432 of the CrPC] The sentencing court’s opinion should be supported by sufficient justification: Supreme CourtThe Supreme Court recently stated [Jaswant Singh and Others v. State of Chhattisgarh and Another] that the presiding officer of the sentencing court must provide adequate justification when expressing an opinion on the grant of remission of a sentence under Section 432(2) of the Code of Criminal Procedure (CrPC). The pertinent criteria outlined in Laxman … Continue reading [Remission under Section 432 of the CrPC] The sentencing court’s opinion should be supported by sufficient justification: Supreme Court
- Supreme Court invalidates exclusion of “old settlers” and Sikkimese women married to non-Sikkimese from income tax exemptionsIn a case involving the Association of Old Settlers of Sikkim and ors v. Union of India and anr., the Supreme Court last week invalidated the exclusion of Sikkimese women who married foreigners after April 1, 2008, as well as old settlers in the State whose names were not listed in a Sikkim Subjects Register, … Continue reading Supreme Court invalidates exclusion of “old settlers” and Sikkimese women married to non-Sikkimese from income tax exemptions
- By claiming that the offence is serious, bail cannot be denied: Himachal Pradesh High CourtAccording to a recent ruling by the Himachal Pradesh High Court, an accused person’s request for bail cannot be rejected only on the basis of how serious the alleged offence is. (Bhupinder Kumar Sharma v. the Central Bureau of Investigation) The Court cited a number of Supreme Court rulings to reaffirm that an accused person’s … Continue reading By claiming that the offence is serious, bail cannot be denied: Himachal Pradesh High Court
- The belief that a daughter shouldn’t be given any property once she gets married needs to be changed: Gujarat High CourtOn Thursday, the Gujarat High Court noted that a daughter’s marriage has no impact on her standing within the family. Therefore, a division bench consisting of Chief Justice Aravind Kumar and Justice Ashutosh J. Shastri stated that it is time to shift people’s perceptions that once a family’s daughter marries, she should not be awarded … Continue reading The belief that a daughter shouldn’t be given any property once she gets married needs to be changed: Gujarat High Court
- Man who spent 9 months in prison after being acquitted ordered by the Madras High Court to receive 3.5 lakh in compensation.The Tamil Nadu government was recently ordered by the Madurai Bench of the Madras High Court to pay 3.5 lakh as compensation to a man who was unlawfully detained in prison for nine months following his acquittal in a murder case [Rathinam v. The State]. Justice Sundar Mohan ordered on January 12 that the compensation … Continue reading Man who spent 9 months in prison after being acquitted ordered by the Madras High Court to receive 3.5 lakh in compensation.
- TV programmes with political agendas polarise society: Supreme CourtThe Supreme Court declared on Friday that television channels in India are dividing society because they compete to sensationalise news and are motivated by agendas. They also follow the instructions of their funders. The News Broadcasting Standards Authority (NBSA) and the Central government were questioned by a bench of Justices KM Joseph and BV Nagarathna … Continue reading TV programmes with political agendas polarise society: Supreme Court
- The Old Pension Scheme benefits are available to paramilitary forces as well as other armed services: Delhi High CourOn Wednesday, the Delhi High Court ruled that the Central Armed Police Forces (CAPF), also known as paramilitary forces, are considered to be members of the Union’s armed forces and are thus entitled to the same benefits under the Old Pension Scheme (OPS) as the Indian Army, Navy, and Air Force. The government orders and … Continue reading The Old Pension Scheme benefits are available to paramilitary forces as well as other armed services: Delhi High Cour
- The Calcutta High Court clears two acid attack defendants, ruling that conviction cannot be founded solely on suspicion.The Calcutta High Court recently acquitted two people who were found guilty by the trial court in an acid attack case [Jiten Barman v. The State of West Bengal] and stated that suspicion, no matter how strong, cannot substitute for proof of guilt. The statement was delivered by a bench of Justices Joymalya Bagchi and … Continue reading The Calcutta High Court clears two acid attack defendants, ruling that conviction cannot be founded solely on suspicion.
- Misappropriation of funds from a revered location like a gurudwara affects people’s feelings : Punjab and Haryana High CourtWhen denying anticipatory bail to those accused of stealing money from the Gurudwara Singh Sabha in Hisar (Sarjeet Singh @ Surjeet Singh and others v. State of Haryana), the Punjab and Haryana High Court noted that a Gurudwara is a revered place and that the misappropriation of its funds could hurt public sentiments. Given the … Continue reading Misappropriation of funds from a revered location like a gurudwara affects people’s feelings : Punjab and Haryana High Court
- The divorce decree’s effects are not reversed by filing an appeal: Rajasthan High CourtAccording to a recent ruling by the Rajasthan High Court [Sudhir Sharma v. Chief Secretary, the State Government of Rajasthan and ors], the mere filing of an appeal does not nullify the effects of a divorce decision. The statement was delivered by a bench comprising Chief Justice Pankaj Mittal and Justice Shubha Mehta in response … Continue reading The divorce decree’s effects are not reversed by filing an appeal: Rajasthan High Court
- The Bombay High Court overturns FDA directives and permits Johnson and Johnson to produce and sell baby powderThe directives of the Food and Drug Administration (FDA), Maharashtra prohibiting Johnson & Johnson Private Limited from producing baby powder in its facility in the Mumbai suburbs were overturned on Wednesday by the Bombay High Court. After taking into account Johnson’s claim that only two of the 11 to 12 samples of baby powder that … Continue reading The Bombay High Court overturns FDA directives and permits Johnson and Johnson to produce and sell baby powder
- Law defining sex on a false promise to marry as rape seems incorrect and needs to be reviewed: High Court of OrissaThe Orissa High Court has stated [Santosh Kumar Nayak v. State] that the legislation holding that having sex on a false promise of marriage constitutes rape appears to be incorrect and that the case merits a serious reexamination. In order to determine the legality of consent for sex given on the pretext of marriage, Justice … Continue reading Law defining sex on a false promise to marry as rape seems incorrect and needs to be reviewed: High Court of Orissa
- Nomination of Justice N Kotiswar Singh as acting chief justice of the Gauhati High Court announced by the central government.As of January 12, Justice N Kotiswar Singh has been appointed by the Central government as the Gauhati High Court’s acting Chief Justice. After Chief Justice RM Chhaya retires, Justice Singh will take over as Chief Justice. The Union Ministry of Law and Justice released a notice to this effect on January 10. At the … Continue reading Nomination of Justice N Kotiswar Singh as acting chief justice of the Gauhati High Court announced by the central government.
- No negative inference may be made just for failing to produce a passbook: Supreme CourtIn the recent case of Basavaraj v. Padmavathi and Others, the Supreme Court stated that in general, no negative inference can be made about a party’s readiness and willingness to fulfil his obligations under a property purchase agreement solely because he failed to produce his passbook. The Court made it clear that such negative conclusions … Continue reading No negative inference may be made just for failing to produce a passbook: Supreme Court
- Kerala High Court requests a response from CBSE to a transgender person’s petition for a certificate change of name and gender.Having recently changed his name and gender, a transgender person who was born with female sex has petitioned the Kerala High Court to order the Central Board of Secondary Education (CBSE) to update his name, gender, and picture on his CBSE certificates from the 10th and 12th grades. The petition was unique, according to Justice … Continue reading Kerala High Court requests a response from CBSE to a transgender person’s petition for a certificate change of name and gender.
- If made available, chargesheets could be abused by NGOs: Supreme CourtIn a public interest litigation (PIL) that demanded unfettered public access to chargesheets submitted by the police, the Central Bureau of Investigation (CBI), and the Enforcement Directorate, the Supreme Court on Monday reserved its decision (ED). (Saurav Das v. Union of India and others) However, a bench of Justices MR Shah and CT Ravikumar voiced … Continue reading If made available, chargesheets could be abused by NGOs: Supreme Court
- Bringing movie celebrity posters to Sabarimala is objectionable: Kerala High Court.The Travancore Devaswom Board, which oversees the Sabarimala temple, was recently ordered by the Kerala High Court to take all necessary measures to ensure that pilgrims worship at the temple grounds in a proper manner. The decision was made by a divisional bench comprising Justices Anil K. Narendran and PG. Ajithkumar in response to reports … Continue reading Bringing movie celebrity posters to Sabarimala is objectionable: Kerala High Court.
- Children selling little items with their parents is not considered child labour: Kerala High CourtAccording to a recent ruling by the Kerala High Court [Pappu Bawariya and Another v. District Collector Civil Station and Others], children helping their parents sell pens and other small items cannot be considered to be child labour, and as a result, the police and Child Welfare Committee (CWC) cannot detain children of migrant parents … Continue reading Children selling little items with their parents is not considered child labour: Kerala High Court
- Elections were not free and fair, the Supreme Court’s actions were not admirable: Justice Gopala GowdaAccording to former Supreme Court of India justice V Gopala Gowda, the court’s recent actions in some cases have not been spectacular since it has chosen not to hear matters that could have had a significant national impact. Justice Gowda noted situations like the long-pending electoral bonds matter before the supreme court in this regard. … Continue reading Elections were not free and fair, the Supreme Court’s actions were not admirable: Justice Gopala Gowda
- While considering remission, parole cannot be considered as part of the sentence served: Supreme CourtOn Thursday, the Supreme Court upheld a decision by the Bombay High Court holding that a prisoner’s time served on parole cannot be added to the length of their sentence when determining whether they have served the minimum 14 years in prison required by the 2006 Goa Prison Rules [Rohan Dhungat v. State of Goa … Continue reading While considering remission, parole cannot be considered as part of the sentence served: Supreme Court
- CJI DY Chandrachud to receive the Harvard Law School’s “Award for Global Leadership”The Center on the Legal Profession Award for Global Leadership, the highest professional honour bestowed by the Harvard Law School Center for the Legal Profession, will be given to Chief Justice of India (CJI) DY Chandrachud. CJI Chandrachud graduated from Harvard Law School with an LLM and an SJD (Doctor of Jurisprudence).On January 11, from … Continue reading CJI DY Chandrachud to receive the Harvard Law School’s “Award for Global Leadership”
- Google denied interim relief, since no urgency was demonstrated in filing an appealOn Wednesday, the National Company Law Appellate Tribunal (NCLAT) declined to grant Google interim relief in its appeal against a Competition Commission of India (CCI) judgement that penalised the tech giant for abusing its dominant position and assessed a fine [Google LLC v. CCI]. The Bench denied interim relief, noting that the CCI’s order was … Continue reading Google denied interim relief, since no urgency was demonstrated in filing an appeal
- According to the Hindu Adoptions and Maintenance Act, a widow’s minor children are entitled to maintenance from her in-laws.In a recent decision (Hari Ram Hans v. Deepali & Ors. ), the Punjab & Haryana High Court declared that the term “widow” in the Hindu Adoptions and Maintenance Act (HAMA), 1956, would also cover the mother’s children who are living with her. A petition for revision of a family court decision ordering the father-in-law … Continue reading According to the Hindu Adoptions and Maintenance Act, a widow’s minor children are entitled to maintenance from her in-laws.
- Dishonour of cheques: Is it necessary to charge a firm in order to find directors guilty?On Friday, the Supreme Court decided to hear a petition asking whether business directors may be held accountable for forging a check without including the company as a party in the legal action [Rarichan PJ v. KP Varghese]. The Kerala High Court’s decision in which the petitioners were found guilty of violating Section 138 of … Continue reading Dishonour of cheques: Is it necessary to charge a firm in order to find directors guilty?
- Gauhati High Court closes the suo motu case after ordering compensation for those harmed by the police’s illegal house demolitions.The Assam government has been ordered by the Gauhati High Court to make sure that anyone impacted by illegal house demolitions carried out under police orders receive adequate compensation [X v. State]. Judge Soumitra Saika and Chief Justice RM Chhaya made the following remarks as they concluded the suo motu case:”Upon such assurance and in … Continue reading Gauhati High Court closes the suo motu case after ordering compensation for those harmed by the police’s illegal house demolitions.
- Bombay High Court asks the Maharashtra Govt. to implement a programme for licencing bike-taxisIn a recent decision (Roppen Transportation Services Pvt Ltd & Anr. v. State of Maharashtra & Ors.), the Bombay High Court recommended that the Maharashtra government give a proposal for licencing bike taxis significant consideration. Rapido, a bike taxi aggregator company, filed a petition contesting the State government’s decision to deny such entities a licence … Continue reading Bombay High Court asks the Maharashtra Govt. to implement a programme for licencing bike-taxis
- Marriage doesn’t alter a daughter’s status: Karnataka High CourtThe Karnataka High Court has ruled [Priyanka Patil v. Kendriya Sainik Board] that it is against Articles 14 and 15 of the Constitution to exclude a married daughter from receiving an identity card (I-card) for dependents of ex-servicemen. Because marriage does not modify a woman’s status as a daughter, single-judge Justice M Nagaprasanna struck down … Continue reading Marriage doesn’t alter a daughter’s status: Karnataka High Court
- Due to employees’ tardiness, the Allahabad High Court have ordered the installation of a biometric system in the office of the Chief Standing Counsel.In order to ensure that CSC personnel get at work on time, the Allahabad High Court ordered the State government to implement the biometric system in the office of the Chief Standing Counsel (CSC) within two weeks [Nar Singh & Ors v State]. Single-judge Justice Rohit Ranjan Agarwal was forced to issue the directive after … Continue reading Due to employees’ tardiness, the Allahabad High Court have ordered the installation of a biometric system in the office of the Chief Standing Counsel.
- The Delhi Consumer Court declines to order Fair & Handsome cream’s promises of fairness to be verified through laboratory testing.A request for laboratory testing of Emami’s Fair and Handsome cream to verify the product’s claims of improving skin fairness was denied by the District Consumer Disputes Redressal Forum in Central Delhi [Nikhil Jain v. Emami Ltd.]. Despite using the cream in accordance with the specified instructions, the complainant claimed that he had not achieved … Continue reading The Delhi Consumer Court declines to order Fair & Handsome cream’s promises of fairness to be verified through laboratory testing.
- Multiplexes and movie theatres have the right to prohibit people from bringing in outside food and drink: Supreme CourtThe Supreme Court ruled on Tuesday that a cinema owner has the authority to prohibit moviegoers from bringing food and drinks inside the theatre. A bench of Chief Justice of India DY Chandrachud and Justice PS Narasimha emphasised that a movie theatre is the private property of its owner and that he is free to … Continue reading Multiplexes and movie theatres have the right to prohibit people from bringing in outside food and drink: Supreme Court
- More DRTs should be established in the nation’s capital : Delhi High CourtIn a recent ruling (Indu Kapoor v. AU Small Finance Bank & Anr), the Delhi High Court voiced worry over the poor infrastructure and ongoing cases at the Debt Recovery Tribunals (DRTs) in the nation’s capital, commenting that they resembled a “dump of files and records.” The images of some of the DRTs were inspected … Continue reading More DRTs should be established in the nation’s capital : Delhi High Court
- “All conversions not illegal”: Supreme CourtIn the case of State of Madhya Pradesh and ors v. Samuel Daniel, the Madhya Pradesh High Court recently struck down the requirement under the Madhya Pradesh Freedom of Religion Act to make a declaration to the District Magistrate during a religious conversion. The Supreme Court of India declined to stay that order on Tuesday. … Continue reading “All conversions not illegal”: Supreme Court
- Advertisers are free to create commercials that compare things generically without mentioning specific rivals: Delhi High CourtAccording to a recent decision by the Delhi High Court [Zydus Wellness Products Ltd v. Dabur India Limited], an advertiser may use commercials that make a “generic comparison” with a product in a same or related category without specifically mentioning any competitors. According to Justice Prathiba M. Singh, it should be acceptable to make a … Continue reading Advertisers are free to create commercials that compare things generically without mentioning specific rivals: Delhi High Court
- Judges are subject to the law and must bear the consequences of their actions: Kerala High CourtIn a recent case, Mohammed Nazeer MP & Ors. v. Union Territory of Lakshadweep & Ors., the Kerala High Court made it clear that constitutional courts must intervene whenever judicial personnel violate their duties in order to restore public confidence in the judiciary. Whether a judge or a magistrate, Justice PV Kunnikrishnan emphasised that everyone … Continue reading Judges are subject to the law and must bear the consequences of their actions: Kerala High Court
- The denial of visitation privileges is not a reason to award a maintenance payment exemption :Madras High CourtAccording to a recent decision by the Madras High Court, a spouse who is divorcing his wife and child cannot stop providing maintenance because he has been denied visitation rights. [P Geetha v. V Kirubaharan] Justice SM Subramaniam stated in a decision issued on December 22 that the husband’s need to pay maintenance was placed … Continue reading The denial of visitation privileges is not a reason to award a maintenance payment exemption :Madras High Court
- The Madras High Court orders the TN Judicial Academy to provide judges with UAPA and remand training.The Madras High Court recently ordered the Tamil Nadu Judicial Academy to conduct a “refresher course” for all judicial officers and train them with a focus on special laws like the Unlawful Activities Prevention Act (UAPA), SC/ST (Prevention of Atrocities) Act, and Protection of Children from Sexual Offenses Act (POCSO Act). The order was given … Continue reading The Madras High Court orders the TN Judicial Academy to provide judges with UAPA and remand training.
- Neutral judgement citations to be implemented by the Madras High Court.Beginning January 1, 2023, the Madras High Court will implement a neutral citation system for all of its decisions posted on the Court’s official website. The three components “Year/MHC/Auto Generated Number” will make up the High Court’s neutral citation number. According to a circular issued by the Registrar General of the Madras High Court, P … Continue reading Neutral judgement citations to be implemented by the Madras High Court.
- The CJI to announce the digital release of Supreme Court decisionsThe electronic Supreme Court Reports (e-SCR) initiative will be introduced tomorrow by Chief Justice of India DY Chandrachud, marking another another step in the direction of achieving the goal of digitising the Indian judiciary. According to a news release, the e-SCR Project is being introduced on the first working day of the new year “as … Continue reading The CJI to announce the digital release of Supreme Court decisions
- Statutory compensation is not a charitable act: Madras High CourtThe Madras High Court recently increased the compensation previously given by the State to two fishermen whose fishing boats were harmed by Cyclone Gaja in 2018. [S Senthilkumar v. The Director of Fisheries] In a decision rendered on December 16 by Justice GR Swaminathan of the Madurai Bench, it was determined that, “Compensation paid to … Continue reading Statutory compensation is not a charitable act: Madras High Court
- Google isn’t capable of asserting that it is a content-blind intermediary; it can use AI to find and delete private data: Kerala High CourtOn Thursday, the Kerala High Court issued a ruling in which it stated that search engines like Google cannot assert that they are merely intermediaries with no influence over the information that appears in search results. (Virginia Shylu vs. Union of India) The statement was stated in a ruling on the right to be forgotten … Continue reading Google isn’t capable of asserting that it is a content-blind intermediary; it can use AI to find and delete private data: Kerala High Court
- Acid attack survivor receives a 35 lakh rupee award from the Uttarakhand High CourtThe State of Uttarakhand has recently been ordered by the Uttarakhand High Court to pay a victim of an acid assault ₹35,000 as compensation. (Gulnaz Khan v. The State of Uttarakhand ) Justice Sanjaya Kumar Mishra ruled that the survivor’s right to live in dignity had been violated and emphasised that human dignity is maintained … Continue reading Acid attack survivor receives a 35 lakh rupee award from the Uttarakhand High Court
- The Kerala High Court permits a young daughter to give her sick father a portion of her liver.A 17-year-old girl was given permission by the Kerala High Court on Tuesday to give a portion of her liver to her sick father [Devananda PP v. The Department of Health & Family Welfare Government of Kerala & Anr]. Even though the expert committee established by the Appropriate Authority under the Transplantation of Human Organs … Continue reading The Kerala High Court permits a young daughter to give her sick father a portion of her liver.
- ‘Spying’ charge against man who took a photo of police station dismissed by Bombay High CourtThe Official Secrets Act (OSA) First Information Report (FIR) against a man living in Solapur for spying was quashed by the Bombay High Court [Rohan Tukaram @ Appasaheb Kale v. Somnath Haribhau Koli]. The court ruled that the law cannot be abused to harass or torment civilians. A FIR under Section 3 (spying) of the … Continue reading ‘Spying’ charge against man who took a photo of police station dismissed by Bombay High Court
- A husband who is found guilty of killing his wife is not eligible to receive Stridhan: Punjab & Haryana High CourtA trial court ruling directing a husband who was found guilty of killing his wife to give her dowry items to her father was recently upheld by the Punjab & Haryana High Court. (Sandeep Tomar v. Punjab State) The High Court was hearing an appeal brought by the petitioner-husband against the trial court’s 2015 ruling … Continue reading A husband who is found guilty of killing his wife is not eligible to receive Stridhan: Punjab & Haryana High Court
- Unless there is a misuse of power, the court cannot be a roadblock in central agency investigations: Madras High CourtIn a recent case, Southern Agrifurne Industries v. The Assistant Director, the Madras High Court declined to get involved in the proceedings that the Enforcement Directorate (ED) had started against a private company, stating that courts shouldn’t get in the way of ongoing investigations by investigation agencies. On December 19, a writ petition that sought … Continue reading Unless there is a misuse of power, the court cannot be a roadblock in central agency investigations: Madras High Court
- The provisional attachment decision against Xiaomi India issued by the IT department overturned by the Karnataka High Court.Recent order of the Income Tax Department to temporarily attach Xiaomi India’s fixed deposits totaling 3,700 crore for a term of six months was overturned by the Karnataka High Court [Xiaomi Technology India v. Deputy Commissioner Of Income Tax]. The order, according to Justice SR Krishna Kumar, was arbitrary and revealed a preconceived conclusion without … Continue reading The provisional attachment decision against Xiaomi India issued by the IT department overturned by the Karnataka High Court.
- The decision to grant medical bail should not just be made when the person is near death: Delhi High CourtAccording to a recent ruling by the Delhi High Court, the discretion to grant bail based on medical need cannot be used exclusively when a person is nearing death. [Vijay Agrawal Through Parokar versus Directorate of Enforcement]. According to Justice Dinesh Kumar Sharma, Article 21 of the Constitution guarantees not just the basic right to … Continue reading The decision to grant medical bail should not just be made when the person is near death: Delhi High Court
- The problem of stray livestock has gotten out of hand: Gujarat High Court.The stray cattle problem in the State has gotten out of hand, according to a statement made by the Gujarat High Court on Tuesday. Chief Justice Aravind Kumar and Justice Ashutosh J. Shastri’s division bench urged the state administration to take decisive steps to address the issue in the state’s major cities. A number of … Continue reading The problem of stray livestock has gotten out of hand: Gujarat High Court.
- If These Are Your Views, Then Why Are You Before Us? Delhi High Court ,in the case of Abhijit Iyer MitraAfter he retweeted a tweet that referred to the Indian judiciary as “biassed, unaccountable, and self-serving,” the Delhi High Court on Tuesday questioned whether it should “turn a somersault” to order the restoration of journalist and writer Abhijit Iyer-Mitra Twitter account [Abhijit Iyer Mitra v. Twitter Communications India Pvt Ltd & Anr]. Justice Prateek Jalan … Continue reading If These Are Your Views, Then Why Are You Before Us? Delhi High Court ,in the case of Abhijit Iyer Mitra
- The Madras High Court orders the State to give one lakh rupees to the family of a person who vanished from the COVID-19 quarantine facility.The Madras High Court ordered the Tamil Nadu government to provide the family of a 72-year-old man who vanished after being transported by State healthcare personnel for COVID-19 therapy in 2020, 1 lakh as compensation on Monday. Justices PN Prakash and N Anand Venkatesh’s bench argued that even though it would be unfair to hold … Continue reading The Madras High Court orders the State to give one lakh rupees to the family of a person who vanished from the COVID-19 quarantine facility.
- Courts other than the High Court ought to be referred to as district judiciary/ trial courts rather than inferior courts.The Madhya Pradesh High Court decided on Friday to refer to all courts other than the High Court as district courts instead of subordinate courts. The High Court additionally resolved that all courts other than the High Court should be referred to as “trial courts” rather than “subordinate courts” in the resolution adopted during a … Continue reading Courts other than the High Court ought to be referred to as district judiciary/ trial courts rather than inferior courts.
- 10 judges receive a show-cause order from the Gujarat High Court for failing to resolve a case that has been pending since 1977.As a result of the failure to resolve a 45-year-old lawsuit [Patel Ambalal Kalidas vs. Patel Motibhai Kalidas] despite express orders from the High Court, the Gujarat High Court on Monday sent show-cause notices to ten judicial officers in the State and demanded an explanation as to why contempt of court proceedings should not be … Continue reading 10 judges receive a show-cause order from the Gujarat High Court for failing to resolve a case that has been pending since 1977.
- It is not the constitutional court’s responsibility to monitor whether people are spitting, urinating, or littering in public places: Delhi High CourtIn Gorang Gupta v. Government of NCT of Delhi & Ors., the Delhi High Court made the observation that it is not the responsibility of a constitutional court to control and monitor every citizen’s movements to determine if they are engaging in public urination, spitting, or littering. The statement was made by a division bench … Continue reading It is not the constitutional court’s responsibility to monitor whether people are spitting, urinating, or littering in public places: Delhi High Court
- Bilkis Bano’s review plea denied by the Supreme Court.Bilkis Bano, a survivor of gangrape during the Gujarat riots, petitioned the Supreme Court for a review of the apex court’s May 13 ruling, which stated that the policy in place at the time of conviction in Gujarat, the state where the crime was actually committed, should be used to determine whether the convicts who … Continue reading Bilkis Bano’s review plea denied by the Supreme Court.
- Indore Law College Anti-hindu book row: Former Principal’s detention stayed by the Supreme CourtThe arrest of Prof. Inamur Rehman, principal of the New Government Law College in Indore, on suspicion of spreading anti-Indian propaganda and encouraging Hinduphobia, was stayed by the Supreme Court on Friday. (Inamur Rehman v. State of Madhya Pradesh) The Madhya Pradesh government was also asked for a response in the matter by a bench … Continue reading Indore Law College Anti-hindu book row: Former Principal’s detention stayed by the Supreme Court
- MHA mandated by Delhi High Court to provide CAPF officers with House Rent Allowance benefitsIn Praveen Yadav and Ors v. Union of India and Ors, the Delhi High Court issued an order on Friday directing the Ministry of Home Affairs (MHA) and the Ministry of Finance to grant House Rent Allowance (HRA) to all employees serving with the Central Armed Police Force (CAPF), including officers. The CAPF consists of … Continue reading MHA mandated by Delhi High Court to provide CAPF officers with House Rent Allowance benefits
- 22 women approach the Madras High Court contending that the ART Act violates their right to reproductive autonomy22 women filed a petition with the Madras High Court arguing that the Assisted Reproductive Technology (Regulation) Act, 2021’s rules need to be changed since they are not based on scientific principles. The petition was heard on Friday by a bench consisting of the acting chief justice T Raja and Justice D Krishnakumar, who ordered … Continue reading 22 women approach the Madras High Court contending that the ART Act violates their right to reproductive autonomy
- PILs are being used as blackmail tools against infrastructure projects in Delhi and Mumbai :Supreme CourtIn a decision titled Sarti Seva Sangh & Anr v. Mumbai Municipal Corporation and Ors, the Supreme Court of India noted on Friday that infrastructure projects, notably in Delhi and Mumbai, are increasingly the focus of public interest litigation (PIL) petitions used as a kind of blackmail. The High Court is frequently aware of the … Continue reading PILs are being used as blackmail tools against infrastructure projects in Delhi and Mumbai :Supreme Court
- For online filing of appearance slips, the Supreme Court to launch the Advocate Appearance Portal.On January 1, 2023, the Supreme Court will introduce a new “Advocate Appearance Portal,” making the manual filing of advocate appearance slips history. The portal was established on the orders of Chief Justice of India DY Chandrachud and has been referred to as “another move to make the registry running paperless.”The advocates-on-record may submit appearance … Continue reading For online filing of appearance slips, the Supreme Court to launch the Advocate Appearance Portal.
- Numerous innocent people have been the targets of fraudulent accusations under the SC/ST Act :Kerala High CourtIn order to avoid the potential of erroneous inference, the Kerala High Court has asked courts to carefully examine cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act when considering requests for anticipatory bail. The distressing reality that many innocent people suffer from false accusations, according to Justice A Badhurudeen, is why … Continue reading Numerous innocent people have been the targets of fraudulent accusations under the SC/ST Act :Kerala High Court
- For the husband to establish the wife’s extramarital relationship, call records from a third party cannot be obtained: Karnataka High CourtAccording to a recent ruling by the Karnataka High Court, a husband cannot use phone records or tower information from a third party who is not a party to the case to support his claim that his wife committed adultery [Vishwas Shetty v. Preethi Rao]. When striking down a lower court ruling allowing the production … Continue reading For the husband to establish the wife’s extramarital relationship, call records from a third party cannot be obtained: Karnataka High Court
- Circumstantial evidence may be used to convict a public official under the Prevention of Corruption Act: Supreme CourtIn Neeraj Dutta v. NCT Delhi, the Supreme Court said on Thursday that in the absence of direct evidence, a public employee could be found guilty under the Prevention of Corruption Act based on circumstantial evidence. In the lack of direct oral or written evidence, a Constitution Bench headed by Justice S Abdul Nazeer and … Continue reading Circumstantial evidence may be used to convict a public official under the Prevention of Corruption Act: Supreme Court
- The Maharashtra government asked by the Bombay High Court to respond to a request for transgender reservation in MahaTransco.On Wednesday, the Bombay High Court ordered the Maharashtra government’s Social Justice department to state clearly what position it takes on transgender people receiving accommodations at Maharashtra State Electricity Transmission Co. Ltd. (MSETCL). A division bench made up of Justice SG Chapalgaunkar and Acting Chief Justice SV Gangapurwala was informed during the hearing today of … Continue reading The Maharashtra government asked by the Bombay High Court to respond to a request for transgender reservation in MahaTransco.
- Since it teaches yoga, Isha Foundation qualifies as a “educational institute” and therefore is free from obtaining previous environmental clearance: Madras High CourtThe Madras High Court ruled in Isha Foundation v. Union of India and Others on Wednesday that because Jaggi Vasudev’s Isha foundation engages in group development activities and operates a yoga centre, it will be regarded as an educational institute and will, therefore, be entitled to the exemption granted by the Central government from needing … Continue reading Since it teaches yoga, Isha Foundation qualifies as a “educational institute” and therefore is free from obtaining previous environmental clearance: Madras High Court
- Due to the behaviour of protesting lawyers, any hope of creating an Orissa High Court bench in Sambalpur lost: Supreme CourtOn Wednesday, the Supreme Court expressed concern about the disorderly movement being led by lawyers in Samblapur, Odisha, who are advocating for the establishment of a permanent Orissa High Court bench in the area. The actions of the lawyers, according to a bench made up of Justices SK Kaul and AS Oka, ended any chance … Continue reading Due to the behaviour of protesting lawyers, any hope of creating an Orissa High Court bench in Sambalpur lost: Supreme Court
- Kerala High Court Refuses To suspend Husband Kiran Kumar’s 10-Year Sentence in Vismaya Dowry Death Case.Observing that doing differently would send the incorrect message to society at a time when matrimonial crimes are on the rise, the Kerala High Court on Monday declined to stay the 10-year term handed down to Kiran Kumar for the shocking dowry death of his wife, 23-year-old Vismaya. (State of Kerala v. Kiran Kumar S.) … Continue reading Kerala High Court Refuses To suspend Husband Kiran Kumar’s 10-Year Sentence in Vismaya Dowry Death Case.
- Justice Bela M. Trivedi refuses from hearing a writ petition challenging the release of convicted criminals in Bilkis Bano caseOn Tuesday, Justice Bela M. Trivedi of the Supreme Court withdrew from hearing the petition filed by Bilkis Bano, a survivor of gangrape during the Gujarat riots, which criticised the Gujarat government’s decision to commute the sentences of 11 prisoners who had gang raped and killed her family members in the 2002 Godhra riots. the … Continue reading Justice Bela M. Trivedi refuses from hearing a writ petition challenging the release of convicted criminals in Bilkis Bano case
- The Kerala Legislative Assembly approves bill that would depose the governor as chancellor of the universities.The University Legislation (Amendment) Bill, which alters laws relating to the governance of State universities and eliminates the Governor as the Chancellor of universities in the State, was approved by the Kerala Legislative Assembly on Tuesday. Eminent academicians rather than the Governor would be nominated as Chancellors under the recently enacted Bill. Arif Mohammed Khan, … Continue reading The Kerala Legislative Assembly approves bill that would depose the governor as chancellor of the universities.
- Man was fined ₹50,000 by the Madras High Court for filing a contempt complaint against the Family Court judge for failing to wrap up the hearing on time.In a recent case, GP Bhaskar v. Sumathi, the Madras High Court fined a man 50,000 for contempt of court against a judge of the city’s Family Court on the grounds that the judge had not completed his divorce proceedings by the deadline set by the High Court. The Madras High Court’s Justice GK Ilanthiraiyan … Continue reading Man was fined ₹50,000 by the Madras High Court for filing a contempt complaint against the Family Court judge for failing to wrap up the hearing on time.
- Ensure that e-cigarettes are not offered online; perform routine checks close to schools and colleges: Delhi High CourtThe Delhi High Court issued a directive on Monday [Shiv Vinayak Gupta & Anr v. Union of India & Ors] ordering the Central and Delhi governments, as well as the Delhi Police, to prevent the sale of e-cigarettes online. The Delhi Police have been ordered to conduct regular inspections near educational institutions to make sure … Continue reading Ensure that e-cigarettes are not offered online; perform routine checks close to schools and colleges: Delhi High Court
- Court is not an expert to determine what the Army wants: Delhi High Court on the Agnipath scheme challengeThe Delhi High Court stated on Monday that the Agnipath scheme for entrance into the Indian armed services was developed by specialists and that the court is not an expert body that can pass judgement on such a scheme. A division bench made up of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad stated … Continue reading Court is not an expert to determine what the Army wants: Delhi High Court on the Agnipath scheme challenge
- Hindu Succession Act amendments are needed to make them relevant to women from Scheduled Tribes : Supreme Court.The Hindu Succession Act’s Section 2(2), which expressly exempts female members of Scheduled Tribes from its application, was requested to be changed by the Supreme Court on Friday [Kamla Neti v. The Special Land Acquisition Officer]. There is no rationale for depriving female community members of the right to survivor, according to a bench of … Continue reading Hindu Succession Act amendments are needed to make them relevant to women from Scheduled Tribes : Supreme Court.
- Immoral Traffic Prevention Act can be used to prosecute customers of brothels : Kerala High CourtIn a recent decision (Mathew v. State of Kerala), the Kerala High Court found that a “client” in a brothel can be prosecuted criminally under Section 7 of the Immoral Traffic (Prevention) Act, 1956 (Act), as immoral traffic or sexual exploitation cannot be committed or sustained without a customer. According to Justice Bechu Kurian Thomas, … Continue reading Immoral Traffic Prevention Act can be used to prosecute customers of brothels : Kerala High Court
- Rape not a diagnostic that a medical professional should make; it is a legal termThe Nagpur Bench of the Bombay High Court recently stated that rape is a legal word and not a diagnosis that should be made by a medical professional while maintaining a man’s conviction for raping his little niece. In the case of Atul Keshav v. Kiran Malekar v. State of Maharashtra. The convict’s argument that … Continue reading Rape not a diagnostic that a medical professional should make; it is a legal term
- Tamil Nadu drafts an LGBTQIA community welfare policy, setting a precedent.The Madras High Court was informed by the Tamil Nadu (TN) government on Friday that a draft welfare policy for the LGBTQIA+ community is now being developed and will be finished and announced within the next three months. This is the first time a state has suggested a policy like this for the LGBTQIA+ community. … Continue reading Tamil Nadu drafts an LGBTQIA community welfare policy, setting a precedent.
- Bail hearings shouldn’t go longer than 10 minutes: Supreme CourtOn Friday, the Supreme Court ruled that judges should not hear bail requests for more than ten minutes. The time of the court is wasted when hearings on bail drag on for days, a bench of Justices Sanjay Kishan Kaul and AS Oka ruled. The Court stated today that when bail matters are thoroughly heard … Continue reading Bail hearings shouldn’t go longer than 10 minutes: Supreme Court