| FAMILY - Chh. HC: Adoptive Mothers Have Fundamental Right to Life & Motherhood Under Article 21 of COI |
| Thu, 08 May 2025 14:03:33 IST |
| Chh. HC has held that adoptive mothers have fundamental right to life and motherhood under Article 21 of COI and children born from the process of surrogacy/adoption have the right to life, care through their mother, then certainly such mothers have right to get maternity leave for above purpose. |
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| CRIMINAL - SC: Not Necessary to Establish Guilt Beyond Reasonable Doubt to Summon Additional Accused |
| Thu, 08 May 2025 14:03:21 IST |
| Supreme Court has held that it is not necessary to establish guilt beyond a reasonable doubt in order to summon an additional accused under Section 319 of Cr.P.C. Court can summon a person even if there is prima facie evidence indicating their involvement in the offence. |
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| CIVIL - SC Orders DDA and Delhi Govt. to Demolish Unauthorised Structures in Okhla Village |
| Thu, 08 May 2025 14:03:10 IST |
| Supreme Court while hearing a contempt plea on unauthorised construction and encroachment on public lands in Delhi has directed the Delhi Development Authority and Delhi government to demolish unauthorised structures in Okhla Village, Delhi within 3 months. |
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| CIVIL - Delhi HC: Wikimedia Foundation Withdraws its Appeal Against ANI |
| Thu, 08 May 2025 14:02:59 IST |
| Wikimedia Foundation has withdrawn its appeal from the Delhi High Court against an order directing it to remove allegedly defamatory statements published against news agency ANI on its Wikipedia page. |
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| ARBITRATION - SC: Courts Should Refrain from Interfering With Invocation of Bank Guarantee Except in Cases of Fraud |
| Thu, 08 May 2025 14:02:44 IST |
| Supreme Court has observed that it is well established that Courts should refrain from interfering with the invocation of a bank guarantee except in cases of fraud of an egregious nature or in cases where allowing encashment would result in irretrievable injustice. |
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| INSOLVENCY - Supreme Court: NCLAT Cannot Condone Appeal Filed beyond 45 Days |
| Thu, 08 May 2025 14:02:26 IST |
| Supreme Court has held that under Section 61(2) of Insolvency and Bankruptcy Code, 2016 the National Company Law Appellate Tribunal (NCLAT) does not have any power to condone delays in filing appeals beyond the prescribed limit of 45 days. |
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| ELECTION - SC Sets Out Procedure for Verification of Electronic Voting Machines |
| Thu, 08 May 2025 14:02:15 IST |
| Supreme Court has specified the procedure which is required to be followed to conduct verification of Electronic Voting Machines (EVMs) and mock polls by the Election Commission of India (ECI). |
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| CRIMINAL - Bombay HC: A Woman Who Says 'No' Means 'No' |
| Thu, 08 May 2025 14:02:01 IST |
| Bombay HC while upholding the conviction of three men for gang-raping a woman has emphasized that a woman who says 'NO' means 'NO.' There exists no ambiguity and there could be no presumption of consent based on a woman's so called 'immoral activities'. |
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| MEDIA AND COMMUNICATION - Delhi HC: Dispute between Author, Manikarnika Films and Netflix Referred to Mediation |
| Thu, 08 May 2025 14:01:51 IST |
| Delhi High Court has referred the dispute between author of the book 'The Emergency', Manikarnika Films and Netflix to mediation over alleged breach of contract. |
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| CIVIL - Gauhati HC: Notice Issued to Centre on Plea Claiming Denial of ST Benefits to Yobin Community |
| Thu, 08 May 2025 14:01:32 IST |
| Gauhati High Court has issued notice to the Central Government and Arunachal Pradesh Government on a PIL claiming that Scheduled Tribe benefits provided to other communities were not being provided to State's YOBIN tribe community. |
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| CRIMINAL - SC: Must Furnish List of Materials Not Relied Upon by IO to Accused |
| Wed, 07 May 2025 16:14:56 IST |
| SC has held that a copy of the list of statements, documents that are not relied upon by the investigating officer must also be furnished to the accused. The object is to ensure that the accused has knowledge of the documents, objects etc., in the custody of the investigating officer. |
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| ENVIRONMENT - SC: To Enforce Firecrackers' Ban, NCR States to Issue Directions Under S.5 Environment Protection Act |
| Wed, 07 May 2025 16:14:45 IST |
| Supreme Court while hearing a matter concerning air pollution in Delhi NCR, has directed the states of Uttar Pradesh, Rajasthan and Haryana to issue directions under the Environment Protection Act, 1986 to enforce complete ban on firecrackers in the National Capital Region (NCR). |
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| ARBITRATION - SC: Mere Execution of Full & Final Settlement Receipt or Discharge Voucher Can't be Bar to Arbitratio |
| Wed, 07 May 2025 16:14:35 IST |
| SC has observed that mere execution of a full and final settlement receipt or a discharge voucher cannot be a bar to arbitration even when validity thereof is challenged by the claimant on the ground of fraud, coercion or undue influence. |
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| CIVIL - SC: Can Dismiss Suits Suo Motu Under Order XII Rule 6 CPC |
| Wed, 07 May 2025 16:14:25 IST |
| Supreme Court has observed that Order XII Rule 6 CPC gives a very wide discretion to the Court to pass a judgment at any stage of the suit and also authorises the Court to not only pass a decree regarding admitted claim, but also to dismiss the suit. |
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| CIVIL - SC: Court's Summer Break This Year Will Constitute Partial Working Days |
| Wed, 07 May 2025 16:14:15 IST |
| Supreme Court has stated that Court's summer break this year will constitute partial working days and three vacation benches will work every week. |
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| CIVIL - SC: Performance of Ritual of Religion Doesn't Necessarily Mean that Person 'Professes' that Religion |
| Wed, 07 May 2025 16:14:05 IST |
| SC has observed that mere performance of a ritual of religion does not ipso facto & necessarily mean that person 'professes' that religion. Adherence merely to some ritual of another religion would not tantamount to giving-up original religion, unless the person concerned makes such belief explicit. |
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| CIVIL - SC: Under Order XVIII Rule 17 of CPC a Witness Cannot be Recalled at the Instance of a Party |
| Wed, 07 May 2025 16:13:56 IST |
| SC has observed that under Order XVIII Rule 17 of CPC a witness cannot be recalled at the instance of a party for the purpose of examining, cross examining or re-examining, and that rule is not intended to serve such purpose. The only purpose of the rule is to seek clarification. |
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| SERVICE - HP HC: Cannot Grant Higher Pension on Duties Performed Temporarily |
| Wed, 07 May 2025 16:13:46 IST |
| Himachal Pradesh High Court has held that a person cannot claim pension benefits for temporary work assigned at a higher post for a brief period before retirement as such situation defeats the very purpose of promotion. |
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| CIVIL - SC: In this Country Reservation Business Has Become Like Railway |
| Wed, 07 May 2025 16:13:36 IST |
| Supreme Court has remarked that in this country, the reservation business has become like a railway. Those who have entered the bogie, they don't want anyone else to enter. |
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| CIVIL - P&H HC: Judgment from Other HCs May be Persuasive but Don't Operate as Binding |
| Wed, 07 May 2025 16:13:25 IST |
| P&H HC has observed that while a pronouncement from a High court, particularly one rendered after detailed analysis and reasoned exposition, may command high persuasive authority, it does not operate as a precedent in the binding sense for other High Courts. |
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| CRIMINAL - Gau. HC: Unless Investiga. Authority Made Liable, Constitu. Safeguards of Arrestee Will be Violated |
| Wed, 07 May 2025 16:13:15 IST |
| Gau. HC while allowing bail application of an accused has observed that unless investigating/arresting authority are made liable for their lapses in complying with mandatory requirements relating to arrest, constitutional safeguards guaranteed to an arrestee shall continue being tinkered & violated. |
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| ADMINISTRATIVE - Bombay HC: Can't Exercise Power of Remand in Routine Manner |
| Wed, 07 May 2025 16:13:05 IST |
| Bombay High Court has stated that an order of remand is not to be passed as a matter of routine, and certainly not merely to fill up lacunae in evidence or to re-do what has already been considered. |
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| CRIMINAL - Allahabad HC: Unnatural Sexual Intercourse by Man With His Wife, Without Consent is Punishable |
| Wed, 07 May 2025 16:12:54 IST |
| Allahabad High Court has held that unnatural sexual intercourse by a man with his own wife without her consent, even if she is above 18 years, would be punishable under Section 377 of IPC though that may not be rape as per Section 375 of IPC. |
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| CIVIL - Delhi HC: Rights of Lawfully Residing Residents will Have Precedence Over Persons Who Have Enroached |
| Wed, 07 May 2025 16:12:44 IST |
| Delhi High Court has held that the rights of lawfully residing residents of the area and adjoining colonies, who are entitled to habitable and flood-free living conditions, would have precedence in comparison with persons who have encroached and built unauthorised tenements on public land. |
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| SERVICE - SC Uploads Complete Process of Appointments of Judges to HCs and SC |
| Tue, 06 May 2025 16:05:23 IST |
| Supreme Court has published on its website the entire process of appointments of Judges to the High Court and the Supreme Court in order to make the public aware about the same. |
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| CIVIL - SC Publishes Assets and Liabilities of Judges on its Website |
| Tue, 06 May 2025 16:05:13 IST |
| Supreme Court has published the list of assets and liabilities of the Judges on its website in order to show transparency and boosting public confidence in the judiciary. |
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| LIMITATION - SC: To Seek Exemption from Limitation Period Plaintiff Must Demonstrate Fraud |
| Tue, 06 May 2025 16:05:03 IST |
| Supreme Court has observed that for a plaintiff to seek exemption from limitation period under Section 17 of the Limitation Act, 1963, plaintiff must establish that there was occurrence of fraud that prevented them from knowing their right to sue. |
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| EDUCATION - SC: Mandate of Substantive Equality Demands that PwD be Afforded Reasonable Accommodations |
| Tue, 06 May 2025 16:04:53 IST |
| SC has observed that the constitutional mandate of substantive equality demands that person with disabilities and PwBD be afforded reasonable accommodations rather than subjected to exclusionary practices based on unfounded presumptions about their capabilities. |
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| MOTOR VEHICLES - SC: Insurer of Tractor Liable for Passenger's Death in Trailer Caused Due to Negligence of Tractor |
| Tue, 06 May 2025 16:04:42 IST |
| Supreme Court has observed that if an accident of uninsured trailer is caused due to its movement with the insured tractor then the insurer shall also be liable for injuries of passengers travelling on trailer. |
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| CIVIL - Delhi HC Explains Doctrine of Constructive Res Judicata |
| Tue, 06 May 2025 16:04:32 IST |
| Del. HC has observed that in case the doctrine of Constructive Res Judicata is not applied to writ proceedings, it may lead to situation where a party will be entitled to take one proceeding after another and urge new grounds every time which will be inconsistent with consideration of public policy. |
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| NARCOTICS - P&H HC: Can't Grant Bail on Ground of Long Custody When Recovery is Heavy |
| Tue, 06 May 2025 16:04:22 IST |
| Punjab & Haryana High Court while refusing to grant bail to an accused, has observed that bail cannot be granted to an accused on the ground of long custody when alleged recovery of drugs is "heavy". |
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| CRIMINAL - SC: There is a Pattern of ED of Making Allegations without Reference |
| Tue, 06 May 2025 16:04:11 IST |
| Supreme Court while hearing a bail plea of an accused in alleged Chhattisgarh liquor scam, has remarked that there is pattern of Directorate of Enforcement of making allegations without any reference to anything. |
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| ELECTRICITY - Cal. HC Strikes Down State Law Allowing Companies to Penalise Consumer Consuming More Electricity |
| Tue, 06 May 2025 16:04:01 IST |
| Calcutta HC has struck down rule under Regulation 4.4 of the West Bengal Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2011 that allowed electricity companies to penalize consumers consuming more electricity than the limit prescribed by the companies. |
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| CIVIL - SC Seeks Reports of Cases Where Judgments were Reserved On or Before 31.01.2025 |
| Tue, 06 May 2025 16:03:50 IST |
| Supreme Court has sought from all the High Courts a report of all the cases where judgments were reserved on or before 31.01.2025 and where pronouncement is still awaited. |
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| FAMILY - Bom. HC Takes Suo Motu Cognizance of Report Highlighting Grievance of Potential Parents |
| Tue, 06 May 2025 16:03:40 IST |
| Bombay High Court has take suo motu cognizance of report published in a leading daily highlighting the grievances of the potential parents in waiting for their turn to adopt a child in India. |
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| CRIMINAL - Allahabad HC: No Bar on Accused to Seek Bail if Petition Seeking Quashing of FIR is Dismissed |
| Tue, 06 May 2025 16:03:30 IST |
| Allahabad High Court has observed that if an accused's petition seeking quashing of the FIR is dismissed it will not create a bar on the filing of an application for the grant of anticipatory bail. |
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| SERVICE - HP HC: MNREGA Workers Don't Fall Under the Category of Employees under Employee's Compensation Act |
| Tue, 06 May 2025 16:03:19 IST |
| HP HC has observed that once it is clear that MNREGA worker is not covered under the definition of Employee's Compensation Act, 1923 there is no right to claim compensation under the said Act for death of a person employed under MNREGA/Scheme, even if the death occurred during course of employment. |
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| INSOLVENCY - NCLAT Dismisses Appeal by a Contractor against DLF |
| Tue, 06 May 2025 16:03:09 IST |
| NCLAT New Delhi bench has dismissed an appeal filed by a contractor against DLF u/s 61 of IBC, 2016 claiming a debt and stated that multiple exchanges between corporate debtor and operational creditor prior to the issuance of the demand notice demonstrate the existence of a pre-existing dispute. |
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| INSOLVENCY - NCLAT: Assignee's Name Absent in Balance Sheets Doesn't Negate Applicability of Limitation Act |
| Tue, 06 May 2025 16:02:59 IST |
| NCLAT New Delhi bench has held that absence of assignee's name to whom debt was assigned, from the balance sheets does not negate the applicability of Section 18 of the Limitation Act, 1963. |
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| SERVICE - SC: Prior Service Must Not be the Basis of Seniority in Direct Recruitment through Exam |
| Mon, 05 May 2025 15:48:49 IST |
| Supreme Court has observed that when recruitment has been done on the basis of an examination then seniority must be based on the performance of individuals in the examination and not by taking into account their past services. |
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| CIVIL - Andhra Pradesh High Court: Cannot Extend Benefits of SC&ST Act to Converts |
| Mon, 05 May 2025 15:48:39 IST |
| Andhra Pradesh High Court has held that the caste system is alien to Christianity and once an individual has converted to Christianity and professes the same he cannot be allowed to invoke the provisions of the Scheduled Caste, Scheduled Tribe (Prevention of Atrocities) Act. |
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| CRIMINAL - SC: Mere Recovery of Tainted Currency Notes Not Sufficient to Establish Offence under PC Act |
| Mon, 05 May 2025 15:48:29 IST |
| Supreme Court has stated that mere possession and recovery of tainted currency notes from a public servant, in the absence of proof of demand, is not sufficient to establish an offence under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988 respectively. |
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| INSOLVENCY - SC: NCLT/NCLAT Not Vested With Powers of Judicial Review Over Decision Taken by Government |
| Mon, 05 May 2025 15:48:19 IST |
| Supreme Court has observed that neither the NCLT nor the NCLAT is vested with the powers of judicial review over the decision taken by the Government or Statutory Authority in relation to a matter which is in the realm of Public Law. |
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| CIVIL - SC: Plaint May be Amended at Any Stage of Proceedings to Enable Plaintiff to Seek Alternative Relief |
| Mon, 05 May 2025 15:48:09 IST |
| Supreme Court has observed that the plaint may be amended at any stage of the proceedings to enable the plaintiff to seek an alternative relief, including that of refund of earnest money, and the courts have been vested with wide judicial discretion to permit such amendments. |
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| CONTEMPT OF COURT - SC: Creating Fake Orders of Court is One of the Most Dreaded Acts of Contempt of Court |
| Mon, 05 May 2025 15:47:59 IST |
| Supreme Court has stated that creating fake orders of the Court is one of the most dreaded acts of contempt of court. It not only thwarts the administration of justice, but it has inbuilt intention by committing forgery of record. |
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| CONTRACT - SC: Clause for Forfeiture of Earnest Money is Not Penal in Ordinary Sense |
| Mon, 05 May 2025 15:47:48 IST |
| Supreme Court has observed that a clause for the forfeiture of earnest money is not penal in the ordinary sense, rendering Section 74 of the Indian Contract Act 1872, inapplicable. |
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| ARBITRATION - SC: Dept. of Legal Affairs, Ministry of Law & Justice to Take Serious Look at Arbitration Regime |
| Mon, 05 May 2025 15:47:37 IST |
| SC while criticizing the newly proposed Arbitration and Conciliation Bill, 2024 for not recognizing power of arbitral tribunals to implead or join non-signatory parties has urged Department of Legal Affairs, Ministry of Law & Justice to take a serious look at arbitration regime prevailing in India. |
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| CRIMINAL - SC: Stamp Vendors are Public Servants Within the Ambit of Section 2(c)(i) of the PC Act |
| Mon, 05 May 2025 15:47:27 IST |
| SC has observed that stamp vendors across the country, by virtue of performing an important public duty and receiving remuneration from the Government for the discharge of such duty, are undoubtedly public servants within the ambit of Section 2(c)(i) of the Prevention of Corruption Act, 1988. |
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| ELECTION - SC: View of HC that Presentation of a Defective Election Petition is Not Compliance is Reasonable |
| Mon, 05 May 2025 15:47:17 IST |
| Supreme Court has observed that the view of the Gujarat High Court that mere presentation of an election petition which is full of defects will not be sufficient compliance of "presentation" of petitions in terms of Section 81 of the Representation of the People Act, 1951. |
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| MOTOR VEHICLES - HP HC: Insurance Company Not Liable to Provide Compe. for Injuries Sustained by Gratuitous Passenger |
| Mon, 05 May 2025 15:47:06 IST |
| HP HC while holding that an insurance company is not liable to provide compensation for injuries sustained by a gratuitous passenger has held that the term "any person" used in Section 147 of MV Act, 1988 relates only to a third party and a passenger in goods carriage vehicle is not a third party. |
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| CRIMINAL - SC: In a Case of Gang Rape Act by One is Enough to Render All in the Gang for Punishment |
| Mon, 05 May 2025 15:46:56 IST |
| Supreme Court has observed that it is very clear that in a case of gang rape under Section 376(2)(g) of the Indian Penal Code, 1860, an act by one is enough to render all in the gang for punishment as long as they have acted in furtherance of the common intention. |
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| CRIMINAL - J&K HC: Demand Notice is Required to be Read as a Whole |
| Mon, 05 May 2025 15:46:46 IST |
| J&K High Court has observed that the demand notice is required to be read as a whole, and one solitary word/figure, which ex facie is not in sync with the tone and tenor of contents of the notice, cannot be made use of, to negate the whole purport of the notice. |
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| CIVIL - Bombay HC: In Society Governed by Rule of Law there Can't be Discrimination in Application of Law |
| Mon, 05 May 2025 15:46:36 IST |
| Bombay High Court has observed that in a society governed by the rule of law, there can be no discrimination in the application of law to persons who are similarly placed. |
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| LAW OF MEDICINE - Bombay HC Directs Consideration of Separate Registration List Potentially Requiring Transplant |
| Mon, 05 May 2025 15:46:26 IST |
| Bom HC has observed that human need for an organ transplant is facet of right to life as guaranteed under Article 21 of COI. The Court also directed State to consider whether separate registration facility could be provided to those patients, who in future would imminently require organ transplant. |
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| CRIMINAL - Allahabad HC: Can Grant Accused on Bail Permission to Travel Abroad Only for Pressing Necessity |
| Mon, 05 May 2025 15:46:15 IST |
| Allahabad HC has observed that an accused person who has been enlarged on bail can be granted permission to travel abroad for some pressing necessity. Wedding of a relative in a foreign country and pleasure trip are not at all essential purposes for an under-trial accused person's visit abroad. |
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| CRIMINAL - Karnataka HC: Spoken Word in Legislature Would Ordinarily Come Within the Immunity |
| Mon, 05 May 2025 15:46:05 IST |
| Karnataka High Court has observed that spoken word in the Legislature by the Legislators would ordinarily come within the immunity under Article 194(2) of the Constitution of India, but not in certain exceptional circumstances. |
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| INSOLVENCY - NCLAT: Can't Submit Claim after Approval of RP if Creditor was Aware of Initiation of CIRP |
| Mon, 05 May 2025 15:45:54 IST |
| NCLAT New Delhi bench has held that a creditor cannot submit a claim after the Resolution Plan has been approved by the Committee of Creditors if the creditor was well aware of the initiation of the Corporate Insolvency Resolution Process (CIRP) against the corporate debtor. |
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| INSOLVENCY - NCLAT: Can't Maintain Joint Application if Individuals Claims do Not Meet Threshold Limit |
| Mon, 05 May 2025 15:45:44 IST |
| NCLAT New Delhi bench has held that a joint application filed by operational creditors under Section 9 of the Insolvency and Bankruptcy Code, 2016 shall not be maintainable if each operational creditor does not independently meet threshold limit prescribed under Section 4 of the Code. |
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| INSOLVENCY - NCLAT: If there is Existence of Arbitration Clause NCLT Can't Adjudicate Disputed Contractual Claims |
| Mon, 05 May 2025 15:45:34 IST |
| NCLAT Chennai bench has observed that NCLT is not the appropriate forum to adjudicate a disputed contractual claim if there is existence of an arbitration clause in the contract. |
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| INSOLVENCY - SC Rejects Resolution Plan Submitted by JSW Steel for Bhushan Steel and Power Ltd |
| Fri, 02 May 2025 14:00:47 IST |
| Supreme Court has rejected the resolution plan submitted by JSW Steel for Bhushan Steel and Power Ltd after holding that the resolution was illegal and contrary to the provisions of the Insolvency and Bankruptcy Code, 2016. |
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| CONTEMPT OF COURT - SC Stays Bombay HC's Order Convicting Woman Over 'Dog Mafia' Comment |
| Fri, 02 May 2025 14:00:34 IST |
| Supreme Court has stayed an order passed by the Bombay High Court which convicted a woman for contempt of court over her 'dog mafia' comments against judges of the Supreme Court and the High Court. |
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| LAW OF MEDICINE - SC: If Mandate for Doctors to Prescribe Generic Medicines Exists it Would Resolve Bribing Issues |
| Fri, 02 May 2025 14:00:22 IST |
| Supreme Court has observed that if there is a statutory mandate for doctors to prescribe generic medicines that will assist n resolving the issue of pharmaceutical companies allegedly bribing doctors to prescribe excessive or irrational drugs. |
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| CIVIL - Gujarat HC Issues Circular Prescribing Procedure for Listing of Urgent Matters Filed During Holidays |
| Fri, 02 May 2025 14:00:11 IST |
| Gujarat High Court has issued a circular that prescribes procedure to be followed for listing of urgent matters which are filed during the court holidays or after regular court hours. |
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| GOODS AND SERVICES TAX - SC: Unless Extraordinary Circumstances Exist, Bail Should be Granted for Offences u/s 132 CGST Act |
| Fri, 02 May 2025 14:00:00 IST |
| Supreme Court has observed that person accused of committing offences under Section 132 of the Central Goods and Services Tax Act, 2017 should normally be granted bail unless there are some extra ordinary circumstances. |
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| CIVIL - SC: High Court Doesn't Have the Power to Reject a Plaint While Exercising Power Under Article 227 |
| Fri, 02 May 2025 13:59:50 IST |
| Supreme Court has held that power of the High Court under Article 227 of Constitution of India is supervisory and Courts while exercising this power cannot reject a plaint. |
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| CUSTOMS - SC: Must Include Engineering and Technical Service Fees Paid by the Importer in Assessable Value |
| Fri, 02 May 2025 13:59:38 IST |
| Supreme Court has observed that fees paid by the importer for engineering and technical service must be included in assessable value of imported spare parts under the Customs Act, 1962. |
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| CRIMINAL - SC: High Courts Can't Rely on Investigation Report in Plea to Quash FIR |
| Fri, 02 May 2025 13:59:26 IST |
| Supreme Court has observed that while exercising powers under Section 482 of the Code of Criminal Procedure, 1973(CrPC), High Courts cannot assess or call for the submission of an investigation report as this authority solely rests with the Magistrate. |
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| CIVIL - SC: Courts Must Adopt Strict Approach While Dealing With Cases of Illegal Construction |
| Fri, 02 May 2025 13:59:15 IST |
| Supreme Court has observed that courts must adopt a strict approach while dealing with cases of illegal construction and should not readily engage themselves in judicial regularisation of buildings erected without requisite permissions of the competent authority. |
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| CRIMINAL - Delhi High Court: Courts Must be Conscious of the Rights of an Accused |
| Fri, 02 May 2025 13:59:05 IST |
| Delhi High Court while granting bail to a man in a cheating case, has observed that courts must be conscious of the rights of an accused to a speedy trial and must prevent such rights from being defeated. |
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| MEDIA AND COMMUNICATION - SC: Plea in Supreme Court against Blocking of YouTube News Channel '4PM' |
| Fri, 02 May 2025 13:58:54 IST |
| A plea has been filed in the Supreme Court against the blocking of YouTube news channel '4PM'. The Editor-in-Chief of the channel has sought urgent restoration of access to his platform and challenged the vires of IT Blocking Rules, 2009. |
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| MOTOR VEHICLES - SC: Can Presume that Unemployed Husband was Dependant on Deceased Wife's Income |
| Thu, 01 May 2025 15:37:22 IST |
| Supreme Court has held while determining insurance compensation, partial dependency of unemployed husband on income of deceased wife can be presumed. |
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| CIVIL - SC: Inconsistent Decisions Coming Out from Different Benches Shake Public Trust |
| Thu, 01 May 2025 15:37:11 IST |
| Supreme Court has stated that consistency in judicial outcomes is the hallmark of a responsible judiciary. Inconsistent decisions coming out from different benches shake public trust and reduce litigation to a punter's game. |
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| CRIMINAL - SC: Calling Person Impotent Doesn't Amount to Abetment to Suicide |
| Thu, 01 May 2025 15:37:00 IST |
| Supreme Court while quashing an abetment to suicide case against a man's in-laws, has held that calling a person impotent does not constitute an offence under Section 306 of Indian Penal Code, 1860. |
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| SERVICE - SC: To Determine Functional Disability Courts Can Deviate from Employees' Compensation Act |
| Thu, 01 May 2025 15:36:49 IST |
| Supreme Court has observed that in order to determine compensation for functional disability, Court has the power to deviate from the schedule given under the Employees' Compensation Act, 1923. |
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| CIVIL - SC: Can't Reject Plaint as Time Barred When Limitation is Mixed Question of Fact & Law |
| Thu, 01 May 2025 15:36:38 IST |
| Supreme Court has held that a plaint cannot be rejected on the ground of limitation when the issue of limitation is a mixed question of fact and law and such issues cannot be decided summarily without allowing the parties to lead evidence on the arising of the cause of action. |
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| SERVICE - SC: Once Employee is Regularised, Contractual Service Must Count Towards Pension |
| Thu, 01 May 2025 15:36:25 IST |
| Supreme Court has held that upon regularization of employee, the Pension Rules become applicable and under Rule 17 of the Central Civil Services (Pension) Rules, 1972 past service as a contractual employee is to be taken into account for calculating pension. |
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| SERVICE - AP HC Upholds Validity of Rule 18 of AP Civil Pensions (Commutation) Rules |
| Thu, 01 May 2025 15:36:13 IST |
| AP HC while upholding the validity of Rule 18 of the AP Civil Pensions (Commutation) Rules stipulating restoration of commuted portion of pension after 15 years from effective date of commutation, has held that parties having derived benefit from the scheme cannot be permitted now to challenge it. |
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| CRIMINAL - SC: Delay in Registering FIR for Offences Punishable with More than 3 Years No Ground to Quash FIR |
| Thu, 01 May 2025 15:36:02 IST |
| Supreme Court has stated that it is settled law that delay in registration of the FIR for offences punishable with imprisonment of more than three years cannot be the basis of interdicting a criminal investigation. |
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| INSOLVENCY - NCLT Mumbai: Guarantor's Liability Can't Exceed the Limit Given in Contract of Guarantee |
| Thu, 01 May 2025 15:35:51 IST |
| NCLT Mumbai bench has held that liability of a guarantor cannot exceed the specified limit in the contract of guarantee and the guarantor is bound only to the extent of the capped amount. |
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| FAMILY - P&H HC: Can't Implicate Either Parent for Kidnapping their Child |
| Thu, 01 May 2025 15:35:41 IST |
| Punjab & Haryana High Court has stated that a parent cannot be implicated for kidnapping their own child as both the parents are his equal natural guardians. |
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| INSURANCE - All. HC: There Must be Insistence on Part of Insurance Companies for Disclosure of Specific Details |
| Thu, 01 May 2025 15:35:31 IST |
| Allahabad High Court has held that insurance companies must insist upon filling specific details in the form for issuing insurance policy. Once policy has been issued without disclosing such specific details, the insurance company cannot repudiate the contract on grounds of suppression. |
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| CRIMINAL - Delhi HC: False Rape Complaints Generate Impression in Society About Falsity of Genuine Complaints |
| Thu, 01 May 2025 15:35:21 IST |
| Delhi HC has observed that every false rape complaint contributes to not just unnecessary load on the overflowing dockets, but also to the artifacts of crime, generating an impression in the society about falsity even of genuine complaints, thereby causing grave injustice to actual rape victims. |
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| GOODS AND SERVICES TAX - Allahabad HC: Department Cannot Change Stand Once Goods Are Verified in Report |
| Thu, 01 May 2025 15:35:11 IST |
| Allahabad HC has observed that once on the verification report i.e. MOV-04, the items are fed by the officer concerned, after due verification, the authorities cannot be permitted to completely change its stand or further permitted to supplement by different reasons or grounds. |
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| CRIMINAL - Delhi HC: Fights in Marriage or Family Do Not Amount to Offence of Abetment to Suicide |
| Thu, 01 May 2025 15:35:01 IST |
| Delhi HC has held that fights in marriage or family do not amount to offence of abetment to suicide under Section 306 of IPC and it is for the Court to see whether the conduct of the accused was such that a normal person, not merely a hyper sensitive one, would have been driven to suicide. |
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| INTELLECTUAL PROPERTY RIGHTS - Delhi HC: Champak Magazine File Trademark Infringement Suit against BCCI |
| Thu, 01 May 2025 15:34:51 IST |
| Champak Magazine has filed a trademark infringement suit against Board of Control for Cricket in India (BCCI) in the Delhi High Court for naming Indian Premier League's (IPL) AI robot dog as "Champak." |
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| CIVIL - 3 Judge Bench Places before CJI Suo Motu Case over Lokpal Jurisdiction |
| Thu, 01 May 2025 15:34:39 IST |
| Supreme Court's three judge bench has placed before CJI Sanjiv Khanna the suo motu case initiated against a decision of Lokpal to entertain a complaint against a High Court Judge. |
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| ARBITRATION - Supreme Court: Appellate Courts Have Limited Power to Modify Arbitral Awards |
| Wed, 30 Apr 2025 15:36:23 IST |
| Supreme Court by a 4:1 majority has held that Appellate Courts while exercising powers under Section 34 or 37 of the Arbitration and Conciliation Act, 1996 have limited authority to modify arbitral awards. |
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| CONSTITUTION - Supreme Court: ‘Digital Access' a Part of Fundamental Right to Life |
| Wed, 30 Apr 2025 15:36:11 IST |
| SC has held that the right to digital access is a part of right to life and liberty under Article 21 of the Constitution of India, which necessitates the state to design and implement inclusive digital ecosystems that serve the purpose of not only the privileged but also the marginalized. |
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| ARBITRATION - SC: Arbitral Autonomy Must Be Respected and Judicial Interference Should Remain Minimal |
| Wed, 30 Apr 2025 12:04:29 IST |
| SC has observed that the role of the court under Section 34 of the A&C is clearly demarcated. It is a restrictive jurisdiction and has to be invoked in a conservative manner. The reason is that arbitral autonomy must be respected and judicial interference should remain minimal. |
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| EXCISE - SC: Must Disclose to the Manufacturer, Test Reports Justifying Reclassification |
| Wed, 30 Apr 2025 12:04:19 IST |
| SC has observed that a copy of test report justifying reclassification of petrochemical products has to be furnished to manufacturer as unless a copy of test report is furnished to the manufacturer, he would not be in a position to seek re-test in specified period, if he is aggrieved by the result. |
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| CRIMINAL - SC: Complete Absence of Motive May Lend Credence to Plea of Insanity |
| Wed, 30 Apr 2025 12:04:09 IST |
| Supreme Court while reducing the sentence of a woman convicted of killing her daughters, has observed that a complete absence of any kind of motive which ordinarily impels a person to commit such a crime may lend credence to the plea of insanity. |
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| CYBER LAWS - Supreme Court: Nothing Wrong with a Country Using Spyware |
| Wed, 30 Apr 2025 12:03:59 IST |
| Supreme Court while hearing a matter related to Pegasus spyware, has observed that there is nothing wrong with a country using spyware and the real issue is against whom it is used. |
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| CRIMINAL - SC: Court Witnesses Can be Cross- Examined by Either Side but Only With the Leave of Court |
| Wed, 30 Apr 2025 12:03:49 IST |
| SC has observed that Court witnesses can be cross- examined by either side but only with the leave of the Court. Further, the cross-examination is to be restricted only to what was stated by this witness in his/her reply to the questions of the Court. |
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| DIRECT TAXATION - Bom HC: Can't Treat Disclosure as Full if Material Suggests Loan is Nothing but Undisclosed Fund |
| Wed, 30 Apr 2025 12:03:40 IST |
| Bombay HC has observed that if there is a prima-facie material suggesting that the transaction of loan is nothing but the undisclosed funds of the Petitioner then the disclosure made in the course of the original assessment proceedings cannot be treated as full for the purpose of the assessment. |
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| CRIMINAL - SC: In Cases Involving Cross-FIRs It's Prudent if Investigation Carried Out in Comprehensive Manner |
| Wed, 30 Apr 2025 12:03:31 IST |
| Supreme Court has held that in cases involving cross-FIRs, it would be prudent and fair if the investigation was carried out in a comprehensive manner. After all, the object of the investigation is the discovery of truth. |
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| CIVIL - SC: Presiding Officers of Commercial Courts Should be Imparted Some Training |
| Wed, 30 Apr 2025 12:03:21 IST |
| SC has observed that Presiding Officers of commercial courts should be imparted some training, orientation or refresher course to apprise them about the nature of commercial disputes pending in a state or region and the importance of adjudication of these disputes within a reasonable time. |
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| CONSUMER - SC: It is Constitutional to Fix Pecuniary Jurisdiction Based on Value of Consideration |
| Wed, 30 Apr 2025 12:03:11 IST |
| SC while dismissing challenge to Sections 34, 47 and 58 of the CP Act, 2019 has stated that determination of jurisdiction of commissions on the basis of value of consideration paid for purchase of goods and services has rational nexus to the object of provisioning hierarchy of judicial remedies. |
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| INSOLVENCY - SC: To Trigger Insolvency Process, Its Valid to Serve Demand Notice on CD's Key Managerial Personnel |
| Wed, 30 Apr 2025 12:03:01 IST |
| Supreme Court while upholding the delivery of a demand notice to the corporate debtor's Key Managerial Personnel under Section 8 of the Insolvency and Bankruptcy Code, 2016 (IBC), has stated that delivering notice to KMP is a compliance of requirement of Section 8 of IBC. |
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| CIVIL - Kar. HC: Central Government to Take Steps for Blocking 'Proton Mail' in India |
| Wed, 30 Apr 2025 12:02:51 IST |
| Karnataka High Court has directed the Central Government to initiate the process of blocking Proton Mail in India. |
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| CRIMINAL - SC: CBI to Conduct Preliminary Enquiries in 'Builder-Banks' Nexus |
| Wed, 30 Apr 2025 12:02:40 IST |
| Supreme Court has directed the Central Bureau of Investigation to conduct preliminary enquiries into the National Capital Region's nexus of builders and banks. The first preliminary enquiry shall pertain to the projects of M/s Supertech Ltd. |
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| GOODS AND SERVICES TAX - Delhi HC: Uploading SCN Under 'Additional Notices' Tab Not Proper |
| Wed, 30 Apr 2025 12:02:30 IST |
| Delhi High Court has observed that the show cause notices if uploaded on the additional notices tab of the portal would not be proper in as much as the party would not have even acquired knowledge of the same. |
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| CIVIL - Bombay HC: Order of Granting or Refusing Temporary Injunction is 'Discretionary' |
| Wed, 30 Apr 2025 12:02:19 IST |
| Bombay High Court has observed that an order of temporary injunction is an exercise of discretion by the court and not a prima facie adjudication on the subject matter or merits of the case. |
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| INSOLVENCY - NCLAT: Adjudica. Authority Can't Ignore Sufficient Material to Show Dispute u/s 9(5)(ii)(d) of IBC |
| Wed, 30 Apr 2025 12:02:09 IST |
| NCLAT New Delhi bench has held that if there is sufficient material to show existence of a dispute under Section 9(5)(ii)(d) of the Insolvency and Bankruptcy Code, 2016 then it cannot be ignored by the Adjudicating Authority. |
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| MEDIA AND COMMUNICATION - SC Agrees to Consider Pleas Seeking Regulation of Obscene Content on OTT Platforms |
| Tue, 29 Apr 2025 15:26:44 IST |
| Supreme Court while agreeing to hear a plea seeking regulation of obscene content on OTT platforms and social media has observed that the petition raises an important concern with regard to the display of various objectionable, obscene and indecent contents on OTT platforms and social media. |
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| FAMILY - Bombay HC: Religion of Party Not the Only Consideration while Deciding Welfare of Child |
| Tue, 29 Apr 2025 15:26:33 IST |
| Bombay High Court has observed that the religion of a party is not the only consideration before the Court in cases for consideration of the welfare of the child. The religion of the minor is only one of the considerations, but it is not a decisive overriding factor. |
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| CYBER LAWS - Karnataka HC: State to Establish Cyber Command Centre to Combat Cyber Crimes |
| Tue, 29 Apr 2025 15:26:23 IST |
| Karnataka High Court has stated that if a cyber command centre is established to combat cyber crimes and strengthen cyber security, it would usher a new beginning of tackling the new age crime with new age investigating centres. This is the paradigm shift that is imperative. |
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| ADMINISTRATIVE - Delhi High Court: Due to Acute Shortage of Judges there is Inability to Decide Regular Matters |
| Tue, 29 Apr 2025 15:25:55 IST |
| Delhi High Court has observed that on account of acute shortage of judges as compared to the general population and the litigation quantum, for past long time, the list of regular matters does not reach till end of the day of hearing which is extremely painful for the judge. |
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| ADMINISTRATIVE - P&H HC: Haryana Government to Expedite Process of Fast Track Court under POCSO Act |
| Tue, 29 Apr 2025 15:25:44 IST |
| Punjab and Haryana High Court has directed the Government of Haryana to expedite the process of establishment of Fast Track Special Courts under POCSO Act especially for issuing relevant necessary notification in this regard, within a period of two months. |
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| CIVIL - Delhi HC Refuses to Grant Injunction in Favour of San Nutrition Private Limited |
| Tue, 29 Apr 2025 15:25:28 IST |
| Delhi High Court while refusing to grant temporary injunction in favour of San Nutrition Private Limited in a defamation plea against some content creators, has observed that the essence of the videos is only to educate the consumers and forms an honest opinion. |
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| CRIMINAL - Delhi High Court: Rampant Corruption in CBI, ED Shakes Entire Edifice of Machinery |
| Tue, 29 Apr 2025 15:25:16 IST |
| Delhi High Court has observed that rampant corruption in CBI, ED and such other Departments shakes the entire edifice of our Executive and the Investigating machinery which have the primary duty of investigations in crime and bring the culprits to face the penalty corruption. |
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| CIVIL - SC Refuses to Entertain Plea Seeking Guidelines to Regulate 'Ticket Scalping' |
| Tue, 29 Apr 2025 15:25:06 IST |
| Supreme Court has refused to entertain plea that sought guidelines for regulation of 'ticket scalping' and black-marketing of tickets of concerts that are sold online. |
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| CRIMINAL - Raj HC: For Abetment to Suicide Direct Link between Action of Accused & Victim's Decision Must Exist |
| Tue, 29 Apr 2025 15:24:48 IST |
| Rajasthan High Court while overturning Trial Court's order charging accused with abetment to suicide has observed that the legal framework requires a direct and demonstrable link between the actions or omissions of the accused and the victim's decision to commit suicide. |
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| CIVIL - Rajasthan HC: State Must Evolve Mechanism to Monitor Functioning of Municipal Bodies |
| Tue, 29 Apr 2025 15:24:38 IST |
| Rajasthan HC has observed that if State lacks a mechanism to monitor and supervise functioning of its Municipal Council/Board it must establish one. A High-Powered Committee should be constituted to oversee activities of each Municipal Council to ensure compliance of the mandatory legal provisions. |
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| CRIMINAL - SC: Can Allow Examination of Additional Witness as Prosecution Witness |
| Tue, 29 Apr 2025 15:24:25 IST |
| SC has observed that if Court finds that a person should have been examined as a prosecution witness and he/she was omitted from the list of witnesses due to some oversight the Court may allow the application of the prosecution and such a person can be examined as a prosecution witness. |
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| LAW OF EVIDENCE - SC: Can't Fully Disregard Evidence of Hostile Witness Cross-Examined by Prosecution |
| Tue, 29 Apr 2025 15:24:12 IST |
| SC has observed that whether there is declaration of 'hostility' or not, evidence of witness who has been cross-examined under Section 154 Evidence Act, 1872 by the party who called such witness, cannot be washed off entirely and it is for the Court to see what can be retrieved from such evidence. |
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| MOTOR VEHICLES - SC: Centre Agrees to Bring into Force Scheme for Golden Hour Within 1 Week |
| Tue, 29 Apr 2025 15:24:02 IST |
| Supreme Court has been informed by the Centre that the scheme for golden hour in accordance with Section 162(2) of the Motor Vehicles Act, 1988 will be brought into force within a period of one week from today. |
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| CRIMINAL - SC: High Court Should be Cautious While Quashing FIRs of Economic Offences |
| Mon, 28 Apr 2025 16:01:39 IST |
| Supreme Court while refusing to quash FIR against a company involved in economic offences, has stated that economic offences by their very nature stand on different footing than other offences and have wider ramifications. Thus, Courts must exercise caution while quashing such FIRs at early stage. |
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| CRIMINAL - SC: Allahabad High Court to Prioritize Disposal of Matters where Trial is Stayed |
| Mon, 28 Apr 2025 16:01:27 IST |
| Supreme Court has observed that where the Allahabad High Court has stayed the trial in cases, particularly, pending between landlord and tenant, those cases must be heard expeditiously inasmuch as the stay of the trial lead to delay in the conclusion of the trial. |
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| CIVIL - SC: Party Denying Compromise Decree Needs to go Back to the Trial Court to Challenge Validity |
| Mon, 28 Apr 2025 16:01:17 IST |
| SC has observed that if a person is already a party to the suit, and denies that any lawful compromise ever took place, the CPC requires that person to go back to the Trial Court under the proviso to Order XXIII Rule 3 and ask that Court to decide whether the compromise is valid. |
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| COMMERCIAL - SC: There Must be Minimal Judicial Interference in Tender Matters |
| Mon, 28 Apr 2025 16:01:07 IST |
| SC has held that Govt. is the protector of financial resources of state and has every right to cancel & call for fresh tender if it is in nature of protecting the financial interests of State. Judicial Interference in tender matters must be minimal & should only be permitted in cases of mala fide. |
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| CRIMINAL - SC: Can Continue FIRs against Borrowers Even if Classification of Accounts as Fraudulent was Set Asid |
| Mon, 28 Apr 2025 16:00:57 IST |
| Supreme Court has held that criminal proceedings and FIRs initiated against the account holders for the offence of fraud can be continued even if classification of bank accounts as fraudulent was set aside on technical grounds. |
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| CONTEMPT OF COURT - SC: Party Misguiding Court to Pass an Order Without Intention of Complying Amounts to Contempt |
| Mon, 28 Apr 2025 16:00:47 IST |
| Supreme Court has observed that a party, misguiding the Court to pass an order which was never intended to be complied with, would constitute an act of overawing the due process of law and, thus, commit contempt of Court. |
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| SERVICE - SC: Can't Revive Time-Barred Service Dispute by Making a Belated Representation |
| Mon, 28 Apr 2025 16:00:37 IST |
| SC has observed that by filing a belated representation a time-barred service dispute cannot be brought within the limitation period as per the Administrative Tribunals Act, 1985. If a Government servant is aggrieved by denial of a benefit then representation must be filed within a reasonable time. |
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| SERVICE - SC: Soldier Cannot be Asked to Prove that Disease Was Contracted by Him on Account of Service |
| Mon, 28 Apr 2025 16:00:25 IST |
| SC while ordering disability pension, has stated that a soldier cannot be asked to prove that disease was contracted by him on account of military service. If after tests, the member was found fit to serve in army would give rise to a presumption that he was disease free at time of entry in service. |
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| CRIMINAL - J&K HC: S. 34 POCSO Act Vests Jurisdi. in Special Court to Determine Age of Both Offender & Victim |
| Mon, 28 Apr 2025 16:00:14 IST |
| Jammu & Kashmir and Ladakh High Court has held that Section 34 of the POCSO Act vests jurisdiction with the Special Court not only to determine the age of the offender but it also vests jurisdiction with it to determine the age of the victim. |
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| SERVICE - J&K HC: Doctrine of 'No Work No Pay' Not Applicable if Employee Kept Away Due to Employer's Act |
| Mon, 28 Apr 2025 16:00:04 IST |
| Jammu and Kashmir and Ladakh High Court has held that when an employee is kept away from the work by any act or omission on the part of the employer, the employee cannot be denied salary on the principle of 'no work no pay'. |
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| INTELLECTUAL PROPERTY RIGHTS - Delhi HC: Music Based on Hindustandi Classical Music Can be Original Compositions |
| Mon, 28 Apr 2025 15:59:54 IST |
| Delhi High Court has held that musical works that are based on Hindustani Classical Music even though belonging to the same genre, same Raga can be original compositions and musical work. |
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| CUSTOMS - Delhi HC Sets Aside Detention of Person's Gold Kada by Department |
| Mon, 28 Apr 2025 15:59:43 IST |
| Delhi High Court while setting aside detention of sikh person's gold kada by customs department, has observed that it is one Kada which is usually worn by persons like the Petitioner who are Sikhs, leaves no doubt in the mind of the Court that the same was a personal effect of the Petitioner. |
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| CRIMINAL - Calcutta HC: Groping Breast of Victims Can't be Called Attempted Rape |
| Mon, 28 Apr 2025 15:59:33 IST |
| Calcutta High Court has observed that a man's attempt to grope a minor girl's breast could be categorised as attempt to commit aggravated sexual assault but will not amount to offence of attempted rape under the POCSO Act, 2012. |
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| CIVIL - Jharkhand HC: While Remanding Back Matter, Appellate Court Must Set Aside Impugned Order |
| Mon, 28 Apr 2025 15:59:23 IST |
| Jharkhand High Court has observed that when a case is remanded for the matter to be decided afresh, it is incumbent on the part of the appellate court to set aside the impugned order. |
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| SERVICE - J&K HC: Without Gazette Notification PF Coverage is 'Non Est' in Law |
| Mon, 28 Apr 2025 15:59:13 IST |
| J&K HC has held that proceedings regarding registration of a cooperative society under J&K Employees' Provident Funds and Miscellaneous Provisions Act, 1961 are non est in the eyes of law unless a notification under Section 1(4) of the act is issued. |
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| INSOLVENCY - NCLAT: Can't Use Section 94 of IBC to Hinder Recovery Process under SARFAESI Act |
| Mon, 28 Apr 2025 15:59:03 IST |
| NCLAT New Delhi bench has held that Section 94 of the Insolvency and Bankruptcy Code, 2016 cannot be misused to obstruct legitimate recovery under SARFAESI Act, 2002. |
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| CIVIL - Pala Bar Association in Kerala Elects All Women Panel to Serve as Office Bearers |
| Fri, 25 Apr 2025 19:04:01 IST |
| At a time when there is a call for increased women's representation in bar associations, Pala Bar Association in Kerala has made history by electing an all women panel to serve as office bearers and members of its executive committee. |
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| TENANCY - SC: Family Needs of Landlord also Fall Under Bonafide Requirement for Eviction of Tenant |
| Fri, 25 Apr 2025 19:03:51 IST |
| Supreme Court has observed that it is well settled that the bona fide requirement for occupation of the landlord has to be liberally construed and, as such, even the requirement of the family members would be covered. |
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| CRIMINAL - Supreme Court: High Courts Should Not Routinely Grant Interim Bail |
| Fri, 25 Apr 2025 19:03:41 IST |
| SC has observed that though, it may be necessary in some cases to grant interim bail to take care of specific contingencies, but as a routine, interim bail should not be granted. Either the Court should grant regular bail or should refuse to grant bail. |
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| SERVICE - SC: Can't Uphold Disciplinary Action When Employee Acquitted in Criminal Case Over Same Evidence |
| Fri, 25 Apr 2025 19:03:30 IST |
| SC has held that when charges, evidence, witnesses, and circumstances in both departmental inquiry and the criminal proceedings are identical or similar and the employee is acquitted in criminal case then upholding the findings in the disciplinary proceedings would be unjust, unfair, and oppressive. |
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| LAND ACQUISITION - SC: Delay is No Ground to Deny Fair Compensation to Land Losers |
| Fri, 25 Apr 2025 19:03:18 IST |
| Supreme Court has observed that delay in filing an appeal is not a reason to deny the land losers their compensation, which is just, fair and reasonable for the land they have lost. |
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| SERVICE - SC: Courts Must Tread Carefully to Prevent Employees from Claiming Leave Encashment Multiple Times |
| Fri, 25 Apr 2025 19:03:05 IST |
| Supreme Court has observed that courts must tread carefully to prevent employees from claiming leave encashment multiple times for the same accrual, which could lead to unjust enrichment and may go against the public interest of largesse. |
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| LIMITATION - SC: 3 yr Limita. Applies in Suit for Deed Cancellation & Possession as Cancellation Primary Relief |
| Fri, 25 Apr 2025 19:02:55 IST |
| SC has reiterated that when a composite suit is filed for cancellation of sale deed as well as for recovery of possession, limitation period is required to be considered with respect to substantive relief of cancellation of sale deed which would be 3 years. |
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| ELECTION - SC Asks Centre to Consider Provision Requiring Unopposed Candidates to Secure Min. Percent of Votes |
| Fri, 25 Apr 2025 19:02:45 IST |
| Supreme Court has asked the Central Government to consider bringing in a provision requiring unopposed candidates to secure a minimum percentage of votes before declaring them winner. |
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| CIVIL - Supreme Court: UGC May Proceed to Finalize the Draft (UGC) Regulations, 2025 |
| Fri, 25 Apr 2025 19:02:35 IST |
| Supreme Court while hearing a PIL regarding caste discrimination in higher educational institutions, has clarified that University Grants Commission may proceed to finalize the Draft (UGC) Regulations, 2025 dealing with the issues that have been raised in the matter. |
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| CRIMINAL - SC: As Per Section 362 of CrPC Only Clerical Errors Can be Corrected |
| Fri, 25 Apr 2025 19:02:24 IST |
| Supreme Court while disapproving with Allahabad High Court invoking Section 362 of CrPC to modify High Court's judgment, has underscored that under Section 362 only clerical errors in the judgment can be corrected. |
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| CONTEMPT OF COURT - SC: When One Judge Holds Party Guilty of Contempt Another Judge Can't take Contrary View |
| Fri, 25 Apr 2025 19:02:13 IST |
| Supreme Court has observed that when one Judge of the same Court has taken a particular view holding a party to be guilty of contempt, another Judge could not have come to a finding that the party was not guilty of contempt. |
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| CRIMINAL - SC: Prospective Accused Can't Challenge Direction for CBI Investigation Once FIR is Registered |
| Fri, 25 Apr 2025 19:02:02 IST |
| SC has observed that once an FIR is registered and investigation has taken place, direction for an investigation by the CBI is not open to challenge by the prospective suspect or accused. The matter for entrusting investigation to a particular agency is basically at the discretion of the Court. |
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| CRIMINAL - SC: Section 204 of CrPC Requires No Explicit Reasons to be Stated by Magistrate |
| Fri, 25 Apr 2025 19:01:52 IST |
| SC has observed that summoning order under Section 204 of CrPC requires no explicit reasons to be stated because it is imperative that the Magistrate must have taken notice of the accusations and applied his mind to the allegations made in the police report and the materials filed therewith. |
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| CIVIL - SC: For Annulment of Deed, Non-Executant Only has to Seek Declaration that Deed is Invalid |
| Fri, 25 Apr 2025 19:01:42 IST |
| SC has observed that where executant of a deed wants it to be annulled, he has to seek cancellation of deed u/s 31 of Specific Relief Act, 1963. But if a non-executant seeks annulment of a deed, he has to only seek a declaration that the deed is invalid or illegal or that it is not binding on him. |
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| CRIMINAL - AP HC: Married Sisters Taunting Wife for Not Conceiving Child Isn't a Ground for Cruelty |
| Fri, 25 Apr 2025 19:01:32 IST |
| Andhra Pradesh High Court while quashing proceedings against sisters-in-law of a woman, has held that taunting brother's wife for not conceiving children is not a valid ground for cruelty. |
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| CRIMINAL - Delhi HC: If Use of Smoke Cannister a Terrorist Act then Every Holi & IPL Match Will Attract UAPA |
| Fri, 25 Apr 2025 19:01:22 IST |
| Delhi High Court while hearing bail plea of accused in 2023 Parliament security breach case, has remarked that if use of smoke canister comes under the ambit of a terrorist act the every holi and IPL match will also attract the offence under Unlawful Activities (Prevention) Act, 1967. |
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| CRIMINAL - Bombay HC Directs State Govt. to Upload State's Prison & Police Manual on Internet |
| Fri, 25 Apr 2025 19:01:11 IST |
| Bombay High Court has directed the Maharashtra Government to upload State's Prison Manual and Police Manual online in order to help prisoners and their families learn more about their rights, while in jail. |
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| BANKING - AP HC: If a "Necessary Party" is Not Impleaded, the Suit Itself is Liable to be Dismissed |
| Fri, 25 Apr 2025 19:01:01 IST |
| AP High Court has observed that a "necessary party" is a person who ought to have been joined as a party and in whose absence no effective decree could be passed at all by the court. If a "necessary party" is not impleaded, the suit itself is liable to be dismissed. |
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| DIRECT TAXATION - Delhi HC: No Affect on Charitable Trust's Status for Making Payments for Services by Related Party |
| Fri, 25 Apr 2025 19:00:48 IST |
| Delhi High Court has observed that the status of a charitable trust shall not be affected by citing violation of Section 13 of the Income Tax Act, 1961 merely on the ground that the trust made reasonable payments for services rendered by a related party. |
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| TENANCY - Bombay HC: Government Allottee Lacking Legal Occupation Can't be Considered 'Deemed Tenant' |
| Fri, 25 Apr 2025 19:00:37 IST |
| Bombay High Court has observed that if a 'Government Allottee' lacks legal occupation or possession of a property under the Maharashtra Rent Control Act, 1999 then he cannot be considered as a deemed tenant under Section 27 of the Act. |
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| FAMILY - Bombay HC: There is Prohibition Only on "Talaq-e-biddat" and Not on "Talaq-e-Ahsan" |
| Fri, 25 Apr 2025 19:00:25 IST |
| Bombay HC has held that under the Muslim Women (Protection of Rights on Marriage) Act, 2019 the only divorce that is prohibited is the instantaneous and irrevocable Triple Talaq also known as Talaq-e-biddat but the Act does not prohibit the traditional mode of divorce known as Talaq-e-Ahsan. |
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| ARBITRATION - Bombay HC: Arbitration Clause Giving Unilateral Power Does Not Render the Agreement Invalid |
| Fri, 25 Apr 2025 19:00:13 IST |
| Bombay High Court has observed that a clause in an arbitration agreement giving option to only one party to opt out of the agreement is not invalid per se and such agreement can be saved either by eliminating the option or by giving bilateral rights. |
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| GOODS AND SERVICES TAX - Madras HC: Taxpayer Not Responding to Notices Should be Sent Reminder through RPAD |
| Fri, 25 Apr 2025 19:00:01 IST |
| Madras High Court has held that if a taxpayer does not respond even after repeated notices which are uploaded in the common portal by the department, the Department should resort to subsequent reminders by way of Registered Post with Acknowledgement Due (RPAD). |
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| SERVICE - MP HC: Policy of First Come, First Serve is Inherently Flawed |
| Fri, 25 Apr 2025 18:59:50 IST |
| MP High Court has observed that the policy adopted by the State for the training course in water auditing, on the principle of first come first serve basis is inherently flawed, and this principle would also be applicable in the case of any public employment. |
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| SERVICE - SC: Can't Continue Disciplinary Proceeding Beyond Time Limit in Absence of Extension |
| Thu, 24 Apr 2025 12:04:37 IST |
| Supreme Court has held that when a Tribunal or Court fixes time to conclude disciplinary proceedings continuing such proceedings beyond that time can be illegal if no bona fide attempt is shown to have been made to seek an extension of time. |
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| CRIMINAL - SC: When Conditions are Met, No Discretion to Deny Release of Convict on Probation |
| Thu, 24 Apr 2025 12:04:26 IST |
| Supreme Court has observed that in a case where the circumstances stated in subsection (1) of Section 4 of the Probation of Offenders Act, 1958 are attracted, the court has no discretion to omit from its consideration release of the offender on probation. |
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| CRIMINAL - Mad. HC: Directing ED to Serve Copy before Conducting Search Might Lead to Destruction of Evidence |
| Thu, 24 Apr 2025 12:04:15 IST |
| Mad. HC has observed that omnibus direction mandating the Enforcement Directorate that all search must be conducted by serving a copy of reason to believe might lead to concealment or destruction of evidence thereby jeopardising the investigation. |
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| CIVIL - Delhi HC Issues Notice in Plea Alleging Inaccessibility of Swiggy and Zepto Applications for PwDs |
| Thu, 24 Apr 2025 12:04:03 IST |
| Delhi High Court has issued notice in a plea alleging inaccessibility of Swiggy and Zepto applications for Persons with Disabilities (PwDs) and has sought the response of the Union Ministry of Electronics & Information Technology, Swiggy and Zepto regarding the same. |
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| LAW OF EVIDENCE - SC: Once Pleadings are Complete but Defendant is Set Ex Parte Defendant's Rights Suffer Curtailment |
| Thu, 24 Apr 2025 12:03:52 IST |
| SC has observed that once pleadings are complete but defendant is set ex parte, and such order has attained finality, defendant's rights suffer a curtailment. He cannot produce evidence in defence and hence statements, which are in nature of factual assertions, cannot be proved by leading evidence. |
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| FAMILY - P&H HC Allows Canadian Woman's Habeas Corpus Plea Seeking Custody of Child |
| Thu, 24 Apr 2025 12:03:41 IST |
| P&H HC while allowing a Canadian woman's habeas corpus plea seeking custody of child from father who violated Canadian Court order has stated that Indian Courts can't be reduced to instruments of convenience for litigating foreign nationals seeking to sidestep proceedings in their jurisdiction. |
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| CRIMINAL - Chhattisgarh High Court: Must Invoke Section 348 of BNSS with Great Caution |
| Thu, 24 Apr 2025 12:03:31 IST |
| Chhattisgarh High Court has observed that Section 348 of BNSS granting the Courts power to summon any person or examine them, or recall and re-examine already examined person must be exercised with great caution. |
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| CONSTITUTION - SC Dismisses Plea Seeking Similar Powers to High Courts and Supreme Court under Article 142 |
| Thu, 24 Apr 2025 12:03:21 IST |
| Supreme Court has dismissed a petition that sought grant of similar powers to High Court and Supreme Court under Article 142 of the Constitution of India to pass any order necessary to do complete justice. |
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| CIVIL - Bom. HC: In Absence of Statutory Backing, Can't Issue Guidelines to Union/State under Article 226 |
| Thu, 24 Apr 2025 12:03:10 IST |
| Bombay High Court has observed that it cannot issue guidelines under Article 226 of the Constitution of India to the Union or State in the absence of statutory backing. |
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| RIGHT TO INFORMATION - Patna HC: Can Grant Compensation under RTI Act Only when Applicant Demonstrates Actual Loss |
| Thu, 24 Apr 2025 12:03:00 IST |
| Patna High Court while dismissing a petition seeking compensation for delayed information under Section 19(8)(b) of RTI Act, 2005, has observed that compensation can only be granted if the applicant shows actual loss or detriment suffered due to such delay. |
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| CRIMINAL - Delhi HC: Intention of Section 21 POCSO is to Prevent Suppression of Crimes |
| Thu, 24 Apr 2025 12:02:50 IST |
| Delhi High Court has observed that the intention behind Section 21 of the POCSO Act, 2012 is to prevent suppression of sexual offences and not to penalize victims who despite personal vulnerabilities, report the crime ultimately. |
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| CIVIL - Delhi HC: Baba Ramdev Agrees to Take Down Ads against Hamdard's Rooh Afza Product |
| Thu, 24 Apr 2025 12:02:40 IST |
| Yoga guru Baba Ramdev has agreed to take down all the advertisements, whether print or videos, against Hamdard's Rooh Afza product. This submission was made while the Delhi HC was hearing Hamdard's suit against Patanjali and Ramdev over the controversy of Yoga guru's "Sharbat Jihad" remark. |
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| CONSUMER - SC: Hospital Vicariously Liable for Doctor's Negligence |
| Wed, 23 Apr 2025 15:17:08 IST |
| Supreme Court, while upholding NCDRC's order imposing a compensation of Rs. 15 lakhs on the hospital on ground that hospital is vicariously liable for medical negligence of doctor who caused death of patient, has reduced the amount from Rs 15 lakhs to Rs. 10 lakhs along with interest accrued. |
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| CIVIL - SC: Compensation must be Directly Transferred to Road Accident Victims and Workmen |
| Wed, 23 Apr 2025 15:16:56 IST |
| Supreme Court has directed High Courts to frame practice directions to ensure that compensation paid to the claimants under the Motor Vehicles Act, 1988 and Workmen Compensation Act, 1932 must be directly credited to the bank accounts of claimants. |
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| LAND ACQUISITION - SC: Market Value of Acquired Land Must be Determined From the Date of Issuance of S. 11 Notification |
| Wed, 23 Apr 2025 15:16:45 IST |
| Supreme Court has held that the market value of the acquired land under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 must be considered from the date on notification issued under Section 11 of the Act. |
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| CRIMINAL - SC: HCs Must Ensure S. 313 CrPC (S.351 BNSS) Compliance at Earliest To Avoid Acquittals |
| Wed, 23 Apr 2025 15:16:35 IST |
| Supreme Court, while upholding the acquittal of an accused, has observed that High Courts must be proactive while checking compliance with Section 313 of Cr.PC (Section 351 of BNSS) at the inception of criminal appeals and remand the matter to the trial court in case of lapses, to avoid acquittals. |
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| TRUSTS AND SOCIETIES - SC: After Bar Council term Ends, Muslim Member Appointed on that Ground Can't Remain on Waqf Board |
| Wed, 23 Apr 2025 15:16:23 IST |
| The Supreme Court has observed that a person appointed as a member of the State Waqf Board by virtue of being a Muslim member of a State Bar Council cannot continue to be a member of the Waqf Board after end of his term in Bar Council. |
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| CRIMINAL - P&H HC Directs SSP to Respond on Serious Allegation of Custodial Violence by Punjab Police |
| Wed, 23 Apr 2025 15:16:06 IST |
| The Punjab and Haryana HC, while taking note of serious custodial violence and brutal torture, has a sought response from SSP by way of an affidavit and directed PGIMER Chandigarh to form a medical board to examine alleged injuries inflicted by Punjab Police on the Petitioner. |
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| CIVIL - SC Advises Man to File Suit for Alleged Disability Due to Covishield Vaccine |
| Tue, 22 Apr 2025 15:57:18 IST |
| Supreme Court has advised a petitioner to file a suit for damages rather than a writ petition for alleged disability developed due to administration of the Covishield vaccine. |
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| CIVIL - SC: Fresh Suit Not Valid Remedy to Set Aside Decree Obtained on Basis of Coerced Compromise |
| Tue, 22 Apr 2025 15:57:07 IST |
| SC has observed that if a party is coerced to enter into a compromise, which leads to the passing of the consent decree, a fresh suit for setting aside the decree is not a valid remedy. In that situation, the party should file a recall application before the Court that had passed the decree. |
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| CRIMINAL - Allahabad HC: Liking a Post Does Not Amount to Publishing or Transmitting it |
| Tue, 22 Apr 2025 15:56:57 IST |
| Allahabad High Court has observed that liking a post will not amount to publishing or transmitting the post, therefore such an act will not attract Section 67 of the Information Technology Act, 2000. |
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| SERVICE - SC: Person Deemed to be 'Principal Employer' if Acts as Agent of Owner or Supervise the Establishment |
| Tue, 22 Apr 2025 15:56:46 IST |
| Supreme Court while upholding conviction of a General Manager for not remitting Employees' State Insurance contribution to ESIC, has observed that a person may be deemed a 'principal employer' if he acts as agent of the owner of factory or supervises the establishment. |
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| ARBITRATION - Supreme Court: Need to Impose Timelimit for Oral Submissions in Arbitration Cases |
| Tue, 22 Apr 2025 15:56:34 IST |
| SC while expressing displeasure over prolonged arguments and submissions made in arbitration proceedings, has noted that unnecessary long oral submissions in high stake matters result in criticism about arbitrations in India. There is a need to impose a time limit for oral submissions in such cases. |
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| CIVIL - SC: Court Should Not Interfere With Order Granting Deemed Conveyance Under MOFA |
| Tue, 22 Apr 2025 15:56:24 IST |
| SC has observed that in writ jurisdiction, the Court should not interfere with the order granting deemed conveyance under Section 11(4) of Maharashtra Ownership Flats Act, 1963, unless the order is manifestly illegal. The writ court should generally be slow in interfering with such orders. |
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| CRIMINAL - SC: When Strong Circumstantial Evidence Exists, Absence of Motive No Ground For Acquittal |
| Tue, 22 Apr 2025 15:56:14 IST |
| SC has observed that when the circumstances are very convincing and provide an unbroken chain leading only to the conclusion of guilt of the accused and not to any other hypothesis the total absence of a motive will be of no consequence. |
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| CIVIL - Supreme Court Criticizes Tahsildar Disobeying Directions of High Court |
| Tue, 22 Apr 2025 15:56:03 IST |
| Supreme Court has criticized Deputy Collector in Andhra Pradesh who, in his capacity as Tahsildar disobeyed High Court's directions and removed slum-dwellers' huts in Guntur district. |
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| INTELLECTUAL PROPERTY RIGHTS - IP Office Declares Starbucks, NDTV and Economic Times as Well-Known Trademark |
| Tue, 22 Apr 2025 15:55:53 IST |
| Intellectual Property Office has declared Starbucks, New Delhi Television (NDTV) and Economic Times as well-known trademark. Process of designating a trademark as "well-known" in India follows a procedure under Rule 124 of the Trade Marks Rules, 2017. |
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| INTELLECTUAL PROPERTY RIGHTS - SC Stays Delhi HC's Direction to Azure Hospitality Pvt. Ltd. to pay PPL as Per Tariff of RMPL |
| Tue, 22 Apr 2025 15:55:42 IST |
| Supreme Court has stayed the direction passed by Delhi High Court asking Azure Hospitality Pvt. Ltd. to pay Phonographic Performance Ltd. (PPL) as per the tariff of Recorded Music Performance Ltd. (RMPL) for playing songs from catalogue of PPL. |
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| CRIMINAL - SC: In Matters of Matrimonial Disputes Courts Must be Circumspect in Taking Allegations at Face Value |
| Mon, 21 Apr 2025 12:22:45 IST |
| SC has stated that in matters arising from matrimonial disputes, particularly where the allegations are levelled after many years of marriage and, that too, after one party initiates divorce proceeding against the other, the Court must be circumspect in taking the allegations at their face value. |
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| ARBITRATION - SC: Arbitral Tribunal has Jurisdiction to Implead Party Not Served with Section 21 Notice |
| Mon, 21 Apr 2025 12:22:34 IST |
| SC has observed that a notice invoking arbitration under Section 21 of the A&C Act is mandatory. However, merely because such a notice was not issued to certain persons does not denude the arbitral tribunal of its jurisdiction to implead them as parties during the arbitral proceedings. |
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| CIVIL - SC: An Agreement to Sell Does Not Confer Any Right on the Proposed Purchaser |
| Mon, 21 Apr 2025 12:22:22 IST |
| SC has observed that an agreement to sell does not confer any right on the proposed purchaser under the agreement. Therefore any right, until the sale deed is executed, will vest only with the owner, or in other words, the vendor to take necessary action to protect his interest in the property. |
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| NARCOTICS - SC: Dealing with Substance Listed Under NDPS Act is Offence Even Though Nothing Mentioned in Rules |
| Mon, 21 Apr 2025 12:22:12 IST |
| Supreme Court has observed that activities which involve a psychotropic substance listed in the Schedule of the NDPS Act, 1985 constitute an offence even though it is not mentioned under Schedule I of the NDPS Rules, 1985. |
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| CIVIL - SC Seeks Bom. HC's Explanation if Petition Filed against Demolition was Listed for Urgent Hearing |
| Mon, 21 Apr 2025 12:21:59 IST |
| Supreme Court has sought explanation from Bombay High Court on an allegation that a petition that challenged the demolition notice against Hazrat Satpeer Sayed Baba Dargah was refused urgent listing. |
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| CRIMINAL - Supreme Court: Principle of Res Judicata Applicable on Criminal Proceedings |
| Mon, 21 Apr 2025 12:21:48 IST |
| Supreme Court has observed that principle of res judicata applies to criminal proceedings and the Court recording findings of fact would be binding on both parties in any subsequent proceedings involving the same issue. |
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| CIVIL - SC Expresses Disapproval of Foreign Court's Order Imposing Travel Ban on Minor Child |
| Mon, 21 Apr 2025 12:21:37 IST |
| Supreme Court while expressing strong disapproval of a foreign Court order imposing travel ban on a child whose parents were involved in a matrimonial dispute, has stated that such orders atrocious and completely violate human rights. |
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| ARBITRATION - Bombay HC: Can't Refuse Referral of Dispute to Arbitration on Basis of Allegations of Fraud Simplicit |
| Mon, 21 Apr 2025 12:21:25 IST |
| Bombay High Court has held that merely on the basis of allegations of fraud simpliciter, dispute cannot be refused referral to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996. |
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| INSURANCE - Delhi HC: Delayed Procedures for Settling Claims doesn't Tantamount to Criminal Offence |
| Mon, 21 Apr 2025 12:21:15 IST |
| Delhi High Court has observed that insurance company's delayed procedures for settling claims may be a ground for seeking compensation for mental harassment, but does not tantamount to any criminal offence. |
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| COMMERCIAL - Allahabad HC: Tender Condition Allowing Restriction Can't be Considered Arbitrary |
| Mon, 21 Apr 2025 12:21:03 IST |
| All. HC has observed that allowing only existing pellet manufacturers having their plant location in NCR region to participate in the tender process is to reduce stubble burning and air pollution in the NCR region. The condition in the tender cannot be considered to be arbitrary and discriminatory. |
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| CIVIL - Bombay HC Directs State Advisory Board to Expeditiously Consider Grievance of Differently Abled Peopl |
| Mon, 21 Apr 2025 12:20:52 IST |
| Bombay High Court while hearing a petition concerning the obstruction caused to disabled people by bollards at the entrance of footpaths, has directed the State Advisory Board on Disability to expeditiously consider the grievances of differently abled people. |
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| INSOLVENCY - NCLAT: Can't Automatically Change Date of Default Pleaded U/S 7 of IBC on Basis of Arbitral Award |
| Mon, 21 Apr 2025 12:20:42 IST |
| NCLAT New Delhi bench has held that there cannot be change in the date of default mentioned in Part IV of the application under Section 7 of the Insolvency and Bankruptcy Code, 2016 merely because arbitral award was passed subsequent to the filing of the application. |
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| ENVIRONMENT - Rajasthan High Court: Citizens of the State Cannot be Treated as Cattle |
| Mon, 21 Apr 2025 12:20:30 IST |
| Rajasthan High Court has observed that people of the State are suffering from extreme heatwaves and heat strokes. Citizens of the State cannot be treated as cattle. Every human being as well as every living being, be they animals or birds, has a right to life. |
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| CIVIL - Delhi HC Issues Guidelines for Prompt and Appropriate Legal Guidance to Minor Rape Victims |
| Mon, 21 Apr 2025 12:20:19 IST |
| Delhi High Court while observing that victims of sexual assault remain unaware of approaching appropriate legal forum, has issued a set of guidelines for providing prompt and appropriate legal guidance and medical support to minor rape victims who have to undergo medical termination of pregnancy. |
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| CIVIL - Patna HC: Bail to the Juvenile is a Rule and Refusal of the Same is an Exception |
| Mon, 21 Apr 2025 12:20:08 IST |
| Patna HC has observed that it clearly emerges that Section 12 of J.J. Act, 2015 overrides the bail provisions as contained in the Criminal Procedure Act, 1973 or any other law for time being in force. It further emerges that bail to the Juvenile is a rule and refusal of the same is an exception. |
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| INSURANCE - Jh. HC: Can't Rule Out Insurance Company's Liability Only because Claimants Provide Wrong Policy No. |
| Mon, 21 Apr 2025 12:19:58 IST |
| Jharkhand HC has observed that merely providing a wrong policy number by claimants, liability of the insurance company cannot be ruled out because claimants are not supposed to know the exact policy number and they have gathered the same from somewhere and produced it before the learned Tribunal. |
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| INSOLVENCY - NCLAT: In Absence of Express Agreement between Parties Authority Can't Assume Appl. of Interest |
| Mon, 21 Apr 2025 12:19:48 IST |
| NCLAT New Delhi bench has held that unless there is a specific contract between the parties the Adjudicating Authority cannot presume the applicability of interest on the principal amount while deciding an application under Section 9 of the Insolvency and Bankruptcy Code, 2016. |
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| TENANCY - Bom HC: Can't Circumvent Statutory Protection under Maha. Rent Control Act by invoking Arb. Petition |
| Mon, 21 Apr 2025 12:19:37 IST |
| Bombay High Court has observed that statutory protection afforded to tenants under the Maharashtra Rent Control Act, 1999 cannot be circumvented by invoking the jurisdiction under Section 9 of the Arbitration and Conciliation Act, 1996. |
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| INSOLVENCY - NCLAT: NCLT Can't Carry Out Rectification Without Providing Hearing Opportunity to Parties |
| Mon, 21 Apr 2025 12:19:26 IST |
| NCLAT Chennai bench has held that if an order has been uploaded on the website it is considered to be on public domain and NCLT cannot rectify or amend the order without giving the opportunity of being heard to all affected parties. |
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| INSOLVENCY - NCLAT: Can't Entertain Petition u/s 7 of IBC during Moratorium Period Under Restructuring Proposal |
| Mon, 21 Apr 2025 12:19:16 IST |
| NCLAT New Delhi bench has held that debenture holders cannot be permitted to file an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 until the expiry of moratorium period once they have acted upon the restructuring proposal given by CD which included a moratorium. |
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| SALES TAX/VAT - SC Upholds Rajasthan HC's Order Striking Down Rule 17(20) of Central Sales Tax (Rajasthan) Rules |
| Fri, 18 Apr 2025 12:00:38 IST |
| SC while upholding Rajasthan HC's decision striking down Rule 17(20) of the Central Sales Tax (Rajasthan) Rules, 1957, has stated that State cannot frame rules which will be inconsistent with the rules framed by the Central Government in exercise of powers under Section 13(1) of the CST Act, 1956. |
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| MOTOR VEHICLES - SC: States to Take Steps Towards Developing Swift Response Protocols for Victims of Road Accidents |
| Fri, 18 Apr 2025 12:00:28 IST |
| Supreme Court has directed all state governments and union territories to take effective steps for developing swift response protocols with the object of ensuring that help immediately reaches the victims of road accidents. |
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| SERVICE - SC: Effective Resettlement of Ex-Servicemen Necessary to Keep Morale of Serving Members of Defence |
| Fri, 18 Apr 2025 12:00:18 IST |
| Supreme Court has observed that effective resettlement of ex-servicemen is necessary to keep the morale of the serving members of the defence forces. If the resettlement of veterans is neglected, the talented youth of the nation may not be motivated to join armed forces. |
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| CRIMINAL - Supreme Court: Can't Delete Framed Charges by Invoking Section 216 of CrPC |
| Fri, 18 Apr 2025 12:00:08 IST |
| Supreme Court has held that once charges have been framed by the Trial Court in exercise of the powers under Section 228 CrPC, the accused cannot thereafter be discharged, be it through an exercise of the powers under Sections 227 or 216 CrPC. |
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| ELECTION - SC: Union & ECI Given Time to Respond on Challenge to Conduct of Election Rules |
| Fri, 18 Apr 2025 11:59:58 IST |
| Supreme Court has extended by two weeks, the time given to the Union and the Election Commission of India for filing response to the challenge to the amendment made in Conduct of Elections Rules, 1961. |
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| EDUCATION - Madras HC: Inspector General of Registration to Ensure No Society is Registered With a Caste Name |
| Fri, 18 Apr 2025 11:59:49 IST |
| Madras High Court while asking the Inspector General of Registration to ensure that no society is registered with a caste name, has observed that if caste is perpetuated it inevitably results in a breach of fraternity within society, leading to ill feelings and enmity among groups. |
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| CIVIL - SC Expresses Reluctance to Transfer to Itself Petitions Challenging Anti-Conversion Laws of States |
| Fri, 18 Apr 2025 11:59:39 IST |
| Supreme Court while hearing a transfer petition, has expressed reluctance to transfer to itself petitions challenging the State laws against religious conversions pending in various High Courts. |
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| CRIMINAL - SC: Subsequent Judgment that Overrules Earlier Judgment to Apply Retrospectively |
| Fri, 18 Apr 2025 11:59:29 IST |
| SC has observed that if an earlier decision of the court operated for quite some time and it is overruled by a subsequent decision, the decision rendered subsequently would have retrospective effect and would serve to clarify the legal position which was not clearly understood earlier. |
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| CIVIL - SC Shows Inclination to Appoint a Commission of Inquiry to Enquire into Activities of Sports Federati |
| Fri, 18 Apr 2025 11:59:18 IST |
| Supreme Court has showed inclination to appoint a Commission of Inquiry to enquire into the activities of Sports Federations across India and stated that other than sportsperson and sports activity these federations have everything. |
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| TRUSTS AND SOCIETIES - Centre to SC: Certain Provisions of Waqf (Amendment) Act, 2025 Not to be Acted Upon for Time Being |
| Fri, 18 Apr 2025 11:59:08 IST |
| Central Government in response to the petitions challenging the Waqf (Amendment) Act, 2025 has informed the Supreme Court that certain key provisions shall not be acted upon for the time being. |
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| CONSUMER - SC: Consumer's Right to Protest Peacefully Without Falling Foul is a Corresponding Right |
| Fri, 18 Apr 2025 11:58:58 IST |
| Supreme Court has observed that a right to protest peacefully without falling foul of the law is a corresponding right, which the consumers ought to possess just as the seller enjoys his right to commercial speech. |
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| INTELLECTUAL PROPERTY RIGHTS - Delhi HC Directs Removal of 'Captain Blue' Mark in Plea by Manufacturer of 'Captain Morgan' |
| Fri, 18 Apr 2025 11:58:47 IST |
| Delhi High Court, in a plea filed by alcoholic beverages manufacturer Diageo Scotland Limited which produces 'Captain Morgan', has directed the removal 'Captain Blue' mark from the Trade Marks Registry. |
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| CIVIL - SC Disposes of Petitions Seeking Access to Courtroom Proceedings through Virtual Links |
| Fri, 18 Apr 2025 11:58:37 IST |
| Supreme Court while disposing of petitions seeking access to courtroom proceedings through virtual court links, has given liberty to the petitioners to approach the concerned High Courts and the various E-Committees constituted to deal with the issue. |
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| CIVIL - SC Delivers Split Verdict on Disciplinary Action to be Taken Against an Advocate-On-Record |
| Fri, 18 Apr 2025 11:58:27 IST |
| Supreme Court has delivered a split verdict on disciplinary action to be taken against an Advocate-on-Record and his assisting Advocate who filed a petition that involved suppression of facts. |
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| DIRECT TAXATION - SC: If Suits Mention Cash Transactions Above ?2 Lakh, Court Must Report it to IT Department |
| Thu, 17 Apr 2025 10:43:55 IST |
| SC has observed that whenever, a suit is filed with a claim that Rs. 2,00,000 and above is paid by cash towards any transaction, courts must intimate the same to the jurisdictional Income Tax Department to verify the transaction and the violation of Section 269ST of the Income Tax Act, 1961, if any. |
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| CIVIL - UK SC: Trans Women Not Included in Definition of 'Woman' under Equality Act, 2010 |
| Thu, 17 Apr 2025 10:43:43 IST |
| United Kingdom Supreme Court has held that a person with a Gender Recognition Certificate in the female gender does not come within the definition of 'woman' for the purposes of sex discrimination in Section 11 of the EA 2010 and is limited to biological women. |
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| LIMITATION - SC: Limitation Begins From the Date When the Cause of Action First Accrued |
| Thu, 17 Apr 2025 10:43:30 IST |
| SC has observed that it is a complete fallacy to make any distinction between "knowledge" and "full knowledge". The limitation begins from the date when the cause of action first accrued and not any subsequent date for the cause of action. |
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| ENVIRONMENT - SC: Wildlife Warden of Telangana to Take Immediate Steps to Protect Wildlife |
| Thu, 17 Apr 2025 10:43:20 IST |
| SC while hearing a matter on large scale tree felling in Telangana, has directed Wildlife Warden of Telangana to examine and put into effect immediate steps required to be undertaken to protect wildlife which has been affected on account of the deforestation in the 100 acres of kancha gachibowli. |
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| TRUSTS AND SOCIETIES - SC: Violence During Protests Against Waqf Amendment Act is Disturbing |
| Thu, 17 Apr 2025 10:43:10 IST |
| Supreme Court while hearing petitions on constitutionality of the Waqf(Amendment) Act, 2025, has stated that the violence taking place during protests against the Act is very disturbing. |
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| CONSTITUTION - SC: Cannot Use Article 32 to Challenge Supreme Court's Own Judgments |
| Thu, 17 Apr 2025 10:43:00 IST |
| Supreme Court has observed that law is well settled that a decision rendered by this Court, be it at the stage of special leave petition or post grant of leave while exercising jurisdiction under Article 136 of the Constitution of India, cannot be assailed directly or collaterally under Article 32. |
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| CIVIL - SC: Language is a Medium for Exchange of Ideas Not Become a Cause of Division |
| Thu, 17 Apr 2025 10:42:49 IST |
| SC has observed that Municipal Council is there to provide services to local community. If people residing within an area covered by Municipal Council are familiar with Urdu, then there should not be any objection if Urdu is used. Language is a medium for exchange of ideas not a cause of division. |
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| CIVIL - SC: Once Plaint in Respect of Main Relief Stands Barred, Other Reliefs Claimed Also Fall Down |
| Thu, 17 Apr 2025 10:42:39 IST |
| SC has observed that once the plaint or the suit in respect of the main relief stands barred by time, the other ancillary relief claimed therein also falls down. The other reliefs are dependent upon the first relief and cannot be granted until and unless the plaintiff succeeds in the first relief. |
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| INTELLECTUAL PROPERTY RIGHTS - Delhi High Court: Phonographic Performance Limited Not Entitled to Grant Licenses without Registratio |
| Thu, 17 Apr 2025 10:42:29 IST |
| Delhi HC has held that Phonographic Performance Limited is not entitled to issue licenses in respect of the sound recordings assigned to it under Section 18(1) of the Copyright Act without either registering itself as a copyright society or becoming a member of any registered copyright society. |
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| CIVIL - Calcutta HC: Disputes u/s 31 of SRA though Arbitrable, Arbitral Awards Not Binding on 3rd Parties |
| Wed, 16 Apr 2025 12:02:30 IST |
| Calcutta High Court has held that while disputes relating to the cancellation of written instruments under Section 31 of Specific Relief Act, 1963 are arbitrable, the arbitral award resulting from such proceedings are binding only on parties involved and not third parties. |
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| INTELLECTUAL PROPERTY RIGHTS - SC Resolves Overlap between 'Design' and 'Copyright' Protection u/s 15(2) of the Copyright Act |
| Wed, 16 Apr 2025 12:02:11 IST |
| Supreme Court has resolved the overlap between 'design' and 'copyright' protection u/s 15(2) of the Copyright Act, 1957 by laying down twin tests that shall consider whether the work in question is purely an 'artistic work' or a 'design' derived from such original artistic work. |
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| ADMINISTRATIVE - Supreme Court Invites Suggestions for Amendment of Supreme Court Rules, 2013 |
| Wed, 16 Apr 2025 12:02:01 IST |
| Supreme Court has proposed amendments in the Supreme Court Rules, 2013 and issued a circular inviting suggestions/views from stakeholders regarding the same. |
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| CRIMINAL - SC Dismisses PIL Seeking Balanced Protection for All Parties in Matrimonial Disputes |
| Wed, 16 Apr 2025 12:01:48 IST |
| Supreme Court has dismissed a Public Interest Litigation (PIL) that sought balanced protection for all parties in matrimonial cases under Section 498A of IPC, 1860 and stated that the plea that such provision is violative of Article 14 of Constitution of India is wholly misconceived and misdirected. |
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| CIVIL - SC Stays J&K HC Order Directing Reduction in Toll-Fee Until Completion of Entire Road |
| Wed, 16 Apr 2025 12:01:12 IST |
| Supreme Court has stayed an order passed by Jammu & Kashmir and Ladakh High Court that directed reduction in toll-fee until the completion of construction on the Lakhanpur-Udhampur stretch on the ground that collection of toll was unfair if the road was in bad shape. |
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| CRIMINAL - SC: Immediate Acton of Suspension of License if Infant is Trafficked from Any Hospital |
| Wed, 16 Apr 2025 12:00:59 IST |
| Supreme Court has observed that if any newborn infant is trafficked from any hospital, the immediate action against the hospital should be suspension of license to run the hospital over and above other actions in accordance with law. |
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| ADMINISTRATIVE - SC Proposes Independent Tribunal for Conducting Bar Elections in Haryana |
| Wed, 16 Apr 2025 12:00:49 IST |
| Supreme Court has proposed formation of an independent, impartial, neutral Tribunal to conduct the bar elections in Haryana after noting extremely disturbing allegations on the administrative side. |
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| DIRECT TAXATION - Kerala HC: Interest Received by Assessee as Compensation under LAA to be Classified as 'Capital Gains |
| Wed, 16 Apr 2025 12:00:39 IST |
| Kerala HC has stated that interest amounts received by an assessee in respect of delayed payment of compensation under the Land Acquisition Act, 1894 will be treated as accruals to the principal compensation amount and be classified as 'Capital Gains' for the purposes of the Income Tax Act, 1961. |
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| CRIMINAL - SC Takes Objection of Allahabad High Court Order Blaming Victim in Rape Case |
| Wed, 16 Apr 2025 12:00:29 IST |
| Supreme Court has taken objection to an order passed by Allahabad High Court that granted bail to a rape accused while observing that the victim "herself invited trouble" for the alleged act of rape. |
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| TRUSTS AND SOCIETIES - SC: 5 States File Applications Showing Support to Waqf Amendment Act 2025 |
| Tue, 15 Apr 2025 12:12:21 IST |
| In petitions challenging the Waqf Amendment Act, 2025, the States of Assam, Rajasthan, Chhattisgarh, Uttarakhand and Maharashtra have filed intervention applications in the Supreme Court showing their support to the legislation. |
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| EXCISE - Delhi HC Grants Relief to 'Social' against Excise Dept. Direction to Put on Hold Sale of Liquor |
| Tue, 15 Apr 2025 12:12:11 IST |
| Delhi High Court has granted relief to restaurant outlet Hauz Khas Social against an order passed by Excise Department directing to put on hold the sale of liquor, citing the absence of an "Eating House License". |
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| FAMILY - AP HC Grants Conditional Visitation Rights to Father Despite Son being Witness Against him |
| Tue, 15 Apr 2025 12:12:00 IST |
| Andhra Pradesh High Court while granting visitation rights to a father despite son being a witness against him, has observed that through such conditional right the father will get an opportunity to win over the love and affection of the child, by his acts, conduct behaviour and sharings. |
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| SALES TAX/VAT - SC: Dealers Not Allowed to Claim ITC for Purchases Linked To Exempt Sales under UPVAT Act |
| Tue, 15 Apr 2025 12:11:49 IST |
| SC has observed that Section 13(7) of Uttar Pradesh Value Added Tax Act, 2008 sets out that no facility for input tax credit shall be allowed to a dealer with respect to the purchase of any goods where the sale of such goods by the dealer is exempt from tax under Section 7(c) of VAT Act. |
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| ELECTION - Cal. HC Dismisses PIL Seeking New Process for Scrutiny of Candidates Contesting Bengal Elections |
| Tue, 15 Apr 2025 12:11:38 IST |
| Calcutta High Court has dismissed a Public Interest Litigation (PIL) that sought a new process for the scrutiny of candidates contesting the Bengal elections. |
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| CRIMINAL - Allahabad HC: Not Providing 'Grounds of Arrest' is Violative of Article 22(1) of COI |
| Tue, 15 Apr 2025 12:11:28 IST |
| Allahabad High Court while quashing the arrest of a man in a forgery and cheating case, has noted that not providing grounds of arrest to an accused violates his constitutional safeguards under Article 22(1) of the Constitution of India. |
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| ARBITRATION - Delhi High Court Judges Express Concern Over Draft Arbitration & Conciliation (Amendment) Bill 2024 |
| Tue, 15 Apr 2025 12:11:18 IST |
| Delhi High Court judges have expressed their concerns over the Draft Arbitration & Conciliation (Amendment) Bill 2024 expanding the scope of 'patent illegality' as a ground to interfere in International Commercial Arbitration. |
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| CIVIL - Kerala Becomes the 1st State to Introduce online Permanent Lok Adalat Services |
| Tue, 15 Apr 2025 12:11:05 IST |
| Kerala has become the first state in the country to launch online filing and hearing facilities for Permanent Lok Adalat. The initiative aims at improving the accessibility of justice, especially for marginalised communities. |
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| CONSTITUTION - Tamil Nadu Government Notifies Acts on Basis of 'Deemed Assent' of Governor |
| Tue, 15 Apr 2025 12:09:55 IST |
| Tamil Nadu Government has notified ten State Acts on the basis of a judgment of Supreme Court that declared the laws as "deemed to have been assented" to by Governor. |
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| MEDIA AND COMMUNICATION - Kerala High Court: Channels and Media to be More Vigilant While Giving News |
| Mon, 14 Apr 2025 12:41:36 IST |
| Ker. HC has urged channels to be more vigilant while giving news items and stated that by publishing and telecasting mere allegations, channels and media are boosting up the intention of person who made allegations with intention to tarnish image of the person against whom such allegations are made. |
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| CIVIL - SC Directs Expert Committee under FSSAI to Submit Report on Amendments Suggested by FSSAI |
| Mon, 14 Apr 2025 12:41:25 IST |
| Supreme Court while hearing a petition seeking implementation of amendments proposed by the FSSAI to introduce a star-rating labelling regarding the nutrition content of food products, has directed an expert committee constituted under FSSAI to submit its report on the same. |
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| CONSTITUTION - SC: President Must Take Decision within Three Months on Reserved Bills |
| Mon, 14 Apr 2025 12:41:12 IST |
| Supreme Court has observed that the President is required to take a decision on the bills reserved for his consideration by the Governor within a period of three months from the date on which such reference is received. |
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| GOODS AND SERVICES TAX - Ker. HC Strikes Down Provisions of GST Act Allowing Levy of GST on Supply by Clubs to its Members |
| Mon, 14 Apr 2025 12:41:01 IST |
| Kerala HC while hearing an appeal by Indian Medical Association against the recovery of GST on the services given by the Association to its members, has struck down the provisions of Central Goods and Services Tax Act, 2017 allowing levy of GST on supply by clubs and associations to its members. |
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| CIVIL - SC: Can Dismiss Suit as Time Barred Even If No Specific Issue Regarding Limitation Was Framed |
| Mon, 14 Apr 2025 12:40:50 IST |
| Supreme Court has observed that because of the mandate of Section 3 of the Limitation Act, 1963 a suit can be dismissed as time barred even if no specific issue regarding limitation was framed. |
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| ARBITRATION - HP HC: Section 5 of Limitation Act Isn't Applicable to Petition u/s 34 of A&C Act |
| Mon, 14 Apr 2025 12:40:39 IST |
| HP High Court has held that since Section 5 of the Limitation Act, 1963 is not applicable on a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 hence if the petition is not filed within the period prescribed under Section 34(3) of A&C Act, the delay cannot be condoned. |
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| INSOLVENCY - NCLT: Financial Debt Constitutes Disbursal Against Time Value of Money |
| Mon, 14 Apr 2025 12:40:29 IST |
| NCLT Kolkata bench while allowing an application filed under Section 7 of the IBC, has observed that financial debt exists where money is disbursed against the consideration for time value of money. |
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| INSOLVENCY - NCLAT: Acknowledgment of Debt in Writing Extends Limitation Period for Initiating CIRP |
| Mon, 14 Apr 2025 12:40:19 IST |
| NCLAT New Delhi bench has held that written acknowledgment of debt extends the period of limitation for initiating the CIRP under Section 9 of the IBC, 2016. |
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| CRIMINAL - Cal. HC: Supplying Warrant of Arrest Without Mentioning Substance of Charge is Unconstitutional |
| Mon, 14 Apr 2025 12:40:08 IST |
| Calcutta High Court has held that supplying warrant of arrest without mentioning substance of a warrant is unconstitutional in terms of Article 22(2) of the Constitution of India. |
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| INSOLVENCY - NCLAT: For Filing Appeal, Limitation Period Begins from Pronouncement Date if Substa. Order Passed |
| Mon, 14 Apr 2025 12:39:57 IST |
| NCLAT New Delhi bench has held that if substantive order is passed on the date of pronouncement then limitation period for filing appeal shall begin from date of pronouncement. |
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| CRIMINAL - AP HC: AP Prison Rules Do Not Limit Quantum of Life Sentence |
| Mon, 14 Apr 2025 12:39:46 IST |
| AP HC while holding that life imprisonment means that prisoner shall be incarcerated for remaning natural life, has observed that S. 57 of IPC & Rule 320(a) of A.P Prison Rules do not reduce sentence of life imprisonment nor create a right on prisoner to be released before the end of natural life. |
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| CRIMINAL - Allahabad HC: Superior Courts Should Avoid Interfering Once Trial has Commenced |
| Mon, 14 Apr 2025 12:39:33 IST |
| All. HC has observed that where investigation has already been completed and charge sheet has been filed, ordinarily superior courts should not reopen the investigation and it should be left open to the court, where the charge sheet has been filed, to proceed with the matter in accordance with law. |
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| ARBITRATION - Telangana HC: HC Can Extend Mandate of Arbitrator Only When it Appoints the Arbitrator |
| Mon, 14 Apr 2025 12:39:20 IST |
| Telangana High Court has held that the mandate of the arbitrator can be extended by the High Court under Section 29A of the Arbitration and Conciliation Act, 1996 when the arbitrator is appointed by the High Court under Section 11(6) of the Act. |
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| INSOLVENCY - NCLAT: Bank in Whose Favor Mortgage Rights Were Created Over Property of CD Can't Seek Exclusion |
| Mon, 14 Apr 2025 12:39:09 IST |
| NCLAT New Delhi bench has held that a bank cannot seek exclusion of a property of the Corporate Debtor from the Resolution Plan where mortgage rights were created in the property in favour of the bank. |
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| INSOLVENCY - NCLAT: Conversion of Partner's Dues Into Loan Can't become Financial Debt |
| Mon, 14 Apr 2025 12:38:58 IST |
| NCLAT New Delhi bench has held that conversion of dues of partner against the partnership firm do not qualify as financial debt under Section 5(8) of the Insolvency and Bankruptcy Code, 2016. |
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| CIVIL - Supreme Court: Can Pass Judgment on Admission Made Outside the Pleadings |
| Fri, 11 Apr 2025 10:58:55 IST |
| Supreme Court while clarifying the legal position under Order XII Rule 6 of the Civil Procedure Code, 1908 has held that the Court can pass judgment on admission at any stage of the suit relying on even those oral or written admissions that are made outside the pleadings. |
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| COMPANY - SC: Cannot Grant Bail for Offence under Sec. 447 of Companies Act Without Fulfilling Twin Conditions |
| Fri, 11 Apr 2025 10:58:45 IST |
| Supreme Court has held that Courts cannot grant bail for offences under Section 447 of the Companies Act 2013 unless twin conditions given under Section 212(6) of the Companies Act, 2013 are satisfied. |
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| CRIMINAL - J&K HC: Fact that Civil Remedy is Available for Breach of Contract No Ground to Quash Cr. Proceeding |
| Fri, 11 Apr 2025 10:58:33 IST |
| Jammu & Kashmir and Ladakh High Court has stated that the mere fact that complaint relates to a commercial transaction or breach of contract, for which a civil remedy is available, is not by itself a ground to quash the criminal proceedings. |
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| GOODS AND SERVICES TAX - Delhi HC: Can Dispense Personal Hearing Only if Assessee's Rectification Application Is Allowed |
| Fri, 11 Apr 2025 10:58:22 IST |
| Delhi High Court has observed that Courts can dispense with the personal hearing of the assessee only if rectification application filed by an assessee is allowed and not rejected. |
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| FAMILY - Pat. HC: Mental Disorder for Divorce Must be Such that Spouse Can't be Expected to Live with Other |
| Fri, 11 Apr 2025 10:58:10 IST |
| Patna HC has observed that Section 13(1)(iii) of the Hindu Marriage Act, 1955 does not make mere existence of a mental disorder of any degree sufficient in law to justify dissolution of marriage. Its degree must be such that spouse seeking relief cannot reasonably be expected to live with the other. |
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| FAMILY - Delhi HC: Lawyers have Great Responsibility towards Resolving Matrimonial Disputes |
| Fri, 11 Apr 2025 10:57:58 IST |
| Delhi High Court has observed that parties in matrimonial disputes experience frustration and emotional trauma. In such cases, lawyers have a duty towards resolution of disputes rather than making and fueling allegations against each other. |
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| BANKING - Chhattisgarh HC: Infirmity in Cheque Return Memo Won't Render Entire Trial u/s 138 of NI Act a Nullit |
| Fri, 11 Apr 2025 10:57:47 IST |
| Chhattisgarh High Court has held that entire trial under Section 138 Negotiable Instruments Act for cheque dishonor will not be rendered null even if there is an infirmity in the cheque return memo. |
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| CRIMINAL - SC: Accused Creating Hindrance in Execution of Warrant Must Not be Granted Anticipatory Bail |
| Thu, 10 Apr 2025 12:06:36 IST |
| SC has observed that if an accused is creating hindrances in execution of warrants and does not submit to the authority of law, he must not be granted the privilege of anticipatory bail particularly when the Court has found him prima facie involved in serious economic offences or heinous offences. |
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| CONTRACT - SC: Judicial Intervention Legitimate Only if Language in Deed is Ambiguous |
| Thu, 10 Apr 2025 12:06:26 IST |
| Supreme Court has observed that in a deed or a contract, judicial intervention is legitimate only when the language of the deed or contract is ambiguous. It added that the contract is first constructed in its plain, ordinary and literal meaning. |
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| ARBITRATION - Supreme Court of Singapore Sets Aside Arbitral Award Passed by Tribunal Presided Over by Ex-CJI |
| Thu, 10 Apr 2025 12:06:15 IST |
| Supreme Court of Singapore has set aside an arbitral award passed by the tribunal presided over by former CJI Dipak Mishra on the grounds that parallel awards were used as templates in drafting the award to a very substantial degree. |
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| MOTOR VEHICLES - SC Pulls Up Centre for Failing to Frame Scheme for Cashless Treatment of Road Accident Victims |
| Thu, 10 Apr 2025 12:06:04 IST |
| Supreme Court has slammed the Central Government for failing to frame a scheme for cashless treatment of road accident victims immediately after an accident as required under Section 162(2) of the Motor Vehicles Act, 1988. |
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| CRIMINAL - SC: Can Relax Requirement of Preliminary Inquiry if FIR Based on Detailed Source Report |
| Thu, 10 Apr 2025 12:05:53 IST |
| SC has observed that in matters of corruption a preliminary enquiry although desirable, is not mandatory. In case where a superior officer, based on source report disclosing commission of cognizable offence, passes an order for registration of FIR, requirement of preliminary enquiry can be relaxed. |
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| CRIMINAL - SC: If Prosecution Fails to Disprove Accused's Plea of Alibi then Conviction Won't be Justified |
| Thu, 10 Apr 2025 12:05:43 IST |
| Supreme Court while setting aside a husband's conviction for murdering his wife has observed that conviction is not justified if the husband raised the plea of alibi and the prosecution failed to disprove it. |
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| MEDIA AND COMMUNICATION - J&K High Court Notifies Video Conferencing (Nyaya Shruti) Rules, 2025 |
| Thu, 10 Apr 2025 12:05:31 IST |
| Jammu & Kashmir and Ladakh High Court has notified the Video Conferencing (Nyaya Shruti) Rules, 2025 as a major leap towards digitizing the judicial process. The Rules aim at revolutionizing the way trials, inquiries, and other judicial proceedings will be conducted in the Union Territories. |
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| MOTOR VEHICLES - SC: Endorsement Necessary in DL for Driving Vehicle Carrying Dangerous or Hazardous Goods |
| Thu, 10 Apr 2025 12:05:21 IST |
| Supreme Court has observed that it is mandatory to have an endorsement in the driving license under Rule 9 of Central Motor Vehicles Rules, 1989 in order to drive a vehicle carrying any dangerous or hazardous goods. |
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| CRIMINAL - Kerala HC: Our Jails are Well Equipped to Face Any Casualty to Any Prisoner |
| Thu, 10 Apr 2025 12:05:11 IST |
| Kerala High Court has observed that our jails are well equipped to face any casualty to any prisoner. Therefore, simply because a person is sick, no court needs to release the accused invoking the first proviso to Section 480(1) of BNSS. |
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| CRIMINAL - SC: If ED Claims that it has Fundamental Rights, it Should Worry about Rights of Others too |
| Thu, 10 Apr 2025 12:05:00 IST |
| Supreme Court while questioning Directorate of Enforcement (ED) for filing petition for transfer of corruption case, has stated that If ED claims that it has Fundamental Rights, it should worry about Fundamental Rights of others too. |
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| CRIMINAL - J&K HC: No Violation of Detenue's Rights for Non-Disclosure of Confidential Intel in Public Interest |
| Thu, 10 Apr 2025 12:04:50 IST |
| Jammu & Kashmir and Ladakh High Court has observed that merely because confidential information was not provided to detenue for public interest, it cannot be stated that constitutional and statutory rights of the detenue have been violated so as to entail quashment of the impugned order. |
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| CIVIL - J&K HC: Feasibility or Viability of Infrastructural Project by Government Cannot Be Looked Into by Co |
| Thu, 10 Apr 2025 12:04:39 IST |
| J&K HC has held that this Court is not equipped to decide upon viability & feasibility of infrastructural project by the government. Whether the proposed merger scheme would be technically feasible or whether it would serve the larger public interest are matters beyond the scope of judicial review. |
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| FAMILY - Patna High Court: Can Grant Child Custody on Basis of Present Day Circumstances |
| Thu, 10 Apr 2025 12:04:28 IST |
| Patna High Court while rejecting a father's plea for custody over his minor daughter, has observed that the sense of security which the child needs, the warmth and affection she can get today would be undoubtedly greater in the company of maternal grandparents than that of the father. |
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| FAMILY - Bombay HC: Can't Accept Adoption Deed as Having Presumptive Value Only because it is Registered |
| Thu, 10 Apr 2025 12:04:17 IST |
| Bombay HC has observed that only because the adoption deed is a registered document it cannot be accepted as having presumptive value under Section 16 of the Hindu Adoption and Maintenance Act, 1956. |
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| INSOLVENCY - NCLAT: No Requirement of Opportunity of Being Heard at Stage of Report Submission u/s 99 of IBC |
| Thu, 10 Apr 2025 12:04:05 IST |
| NCLAT New Delhi bench has held that there is no requirement of the opportunity of being heard at the stage when a report under Section 99 of the Insolvency and Bankruptcy Code, 2016 is submitted as the role of the Resolution Professional at this stage is only recommendatory and not adjudicatory. |
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| CIVIL - SC: All Proceedings Related to Land Allotment for Bom. HC's New Complex Must be Heard by Bombay HC |
| Thu, 10 Apr 2025 12:03:54 IST |
| Supreme Court has directed consolidation of all proceedings related to the issue of additional land allotment for Bombay High Court's new complex before the Bombay High Court and stated that no other court, except the High Court, shall entertain any other proceedings with regard to any issue. |
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| INSURANCE - Supreme Court: Can't Deny Insurance Claim for Breach of Impossible Condition |
| Wed, 09 Apr 2025 11:56:21 IST |
| Supreme Court held that the claim of insured cannot be rejected by an insurance company on the grounds of breach of a condition in the contract that was impossible to perform. |
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| SERVICE - SC: 3 Judge Bench Dismisses Appeals of Candidates to Submit Caste Certificates Beyond Cut-Off Date |
| Wed, 09 Apr 2025 11:56:10 IST |
| Supreme Court has dismissed appeals filed by certain candidates who were denied appointment at the post of Civil Judge by the Rajasthan High Court on the ground that the candidates submitted their caste certificates after the cut-off date. |
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| ENVIRONMENT - SC: MCD to Start Massive Awareness Campaign to Inform Public about Duties of Waste Generators |
| Wed, 09 Apr 2025 11:56:01 IST |
| Supreme Court has directed the Municipal Corporation of Delhi (MCD) to start massive awareness campaigns about the duties of various stakeholders under Rule 4 of Solid Waste Management Rules, 2016 by making advertisements in media both traditional, electronic and social media platforms. |
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| CONTRACT - SC: No Bar on Exclusive Jurisdiction Clause in Contracts through Section 28 of Contract Act |
| Wed, 09 Apr 2025 11:55:51 IST |
| Supreme Court has held that Section 28 of the Contract Act, 1872 does not bar exclusive jurisdiction clauses in employment contracts, which confer exclusive jurisdiction on the courts of a particular location to decide disputes relating to the contract. |
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| CONSTITUTION - Centre Notifies Effective Date of Waqf (Amendment) Act 2025 |
| Wed, 09 Apr 2025 11:55:40 IST |
| Central Government has notified that 8th April, 2025 shall be the date from which provisions of the Waqf (Amendment) Act, 2025 shall come into force. |
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| MEDIA AND COMMUNICATION - Delhi HC Upholds Direction of Single Judge Asking Wikimedia to Remove Defamatory Content of ANI |
| Wed, 09 Apr 2025 11:55:29 IST |
| Delhi High Court has upheld the order passed by Single Judge directing Wikimedia Foundation to remove defamatory content and description of news agency ANI Media Private Limited. |
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| CRIMINAL - Delhi HC: Place Where Tormented Lady Gets Compelled to Kill Herself has No Bearing |
| Wed, 09 Apr 2025 11:55:18 IST |
| Delhi High Court has stated that place where a tormented lady gets compelled to kill herself has no bearing. For purposive interpretation of the provision under Section 304B of IPC, it is the existence and continuance of matrimony which has to be kept in mind and not the place. |
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| INSOLVENCY - NCLAT: Court Must Adopt Lenient Approach While Condoning Delay in Refiling |
| Wed, 09 Apr 2025 11:55:08 IST |
| NCLAT New Delhi bench has held that the court must adopt a lenient approach while condoning the delay in refiling an appeal. However, sufficient cause must still be shown before such application can be allowed. |
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| INSOLVENCY - NCLAT: Serving Notice on E-Mail Provided in Section 7 Petition is Sufficient Compliance |
| Wed, 09 Apr 2025 11:54:57 IST |
| NCLAT New Delhi bench has held that serving notice on the e-mail address provided in petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 is sufficient compliance with Rule 38(1) of the NCLT Rules. |
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| INSOLVENCY - NCLAT: Under Section 99 of IBC Ten-Day Time Period is Directory Not Mandatory |
| Wed, 09 Apr 2025 11:54:46 IST |
| NCLAT New Delhi bench has held that under Section 99 of the Insolvency and Bankruptcy Code, 2016 the ten day period within which the Resolution Professional has to submit the report after appointment is directory not mandatory. |
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| INSOLVENCY - NCLAT: Can't Entertain Petition u/s 7 on Basis of Guarantee Invoked During Prohibited Period |
| Wed, 09 Apr 2025 11:54:35 IST |
| NCLAT New Delhi bench has held that an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 cannot be maintained if guarantee is invoked during the period prohibited under Section 10A of IBC. |
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| INSOLVENCY - Homebuyers Seek Review of Judgment Classifying Greater Noida Industrial Authority as Secured Cred. |
| Wed, 09 Apr 2025 11:54:24 IST |
| Homebuyers' association has filed a plea in the Supreme Court seeking review of its judgment classifying Greater Noida Industrial Development Authority as a 'secured creditor' for purposes of CIRP under Insolvency and Bankruptcy Code, 2016. |
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| CONSTITUTION - SC: Tamil Nadu Governor's Act of Withholding Assent for 10 Bills is Illegal and Erroneous |
| Tue, 08 Apr 2025 12:24:05 IST |
| Supreme Court has held that the Tamil Nadu Governor's action of withholding assent for 10 bills is "illegal" and "arbitrary". The Court further ruled that the Governor cannot reserve Bills for the President after withholding assent. |
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| CIVIL - SC: No Provision Under Registration Act, 1908 Allows Authority to Ascertain if Vendor has Title |
| Tue, 08 Apr 2025 11:01:03 IST |
| SC has observed that no provision under the Registration Act, 1908 confers power on any authority to refuse registration of a transfer document on the ground that the documents regarding the title of the vendor are not produced, or if his title is not established. |
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| ADMINISTRATIVE - SC Expresses Displeasure at Instances of UP Police Turning Civil Disputes Being into Criminal Dispute |
| Tue, 08 Apr 2025 11:00:53 IST |
| Supreme Court has expressed displeasure at the act of UP Police turning civil disputes into criminal cases. The Court termed it as a 'complete breakdown of the Rule of Law' and warned of imposition of costs on the State of UP. |
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| CAPITAL MARKET - Supreme Court: Principle of Res Judicata Applies to Quasi-Judicial Proceedings |
| Tue, 08 Apr 2025 11:00:42 IST |
| Supreme Court while reiterating that the principle of res judicata applies to quasi-judicial proceedings, has upheld the decision of Securities Appellate Tribunal and held that it is not open to SEBI to claim that it could pass multiple final orders on the same cause of action. |
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| CRIMINAL - SC: Action of Public Officer in Excess of Authority Would Attract Protection if Reasonable Nexus Show |
| Tue, 08 Apr 2025 11:00:32 IST |
| SC has observed that any action undertaken by a public officer, even if in excess of authority vested in them would nonetheless attract statutory protection, provided there exists a reasonable nexus between the act complained of and the officer's official functions. |
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| ELECTRICITY - SC to Decide if Term 'Regulate' in Electricity Act Covers Trade Regulation in Electricity Industry |
| Tue, 08 Apr 2025 11:00:21 IST |
| Supreme Court is set to decide whether the word "regulate" under Section 79(1) of the Electricity Act, 2003 is limited to framing of regulations or subordinate legislation, or can it extend to regulation of trade in the electricity industry. |
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| SERVICE - Delhi HC: Can't Appreciate Delhi Govt.'s Callousness in Filling up DCPCR Vacancies |
| Tue, 08 Apr 2025 11:00:09 IST |
| Delhi HC has held that it cannot appreciate the callousness on the part of the Delhi Government in filling up vacancies in the DCPCR. The Court stated that on account of vacancies such functions are not being performed as a result of which it is the rights of children which take a back seat. |
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| CIVIL - Delhi High Court Directs Maintenance of Status Quo on Construction inside Kalan Masjid |
| Tue, 08 Apr 2025 10:59:59 IST |
| Del. High Court has directed the maintenance of status quo as regards any construction inside a 14th Century mosque, Kalan Masjid. The Court directed the Municipal Corporation of Delhi (MCD) and Archaeological Survey of India (ASI) to carry out a joint inspection of the property and submit a report. |
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| SERVICE - Rajasthan HC: Re-Evaluation Result Would Not Relate Back to the Date of Original Declaration of Resul |
| Tue, 08 Apr 2025 10:59:48 IST |
| Rajasthan HC has observed that re-evaluation result would not relate back to the date of original declaration of result. Hence, one cannot claim himself/ herself as eligible for the advertised post, as he or she had been declared as "pass" after the last for submission of their application form". |
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| MEDIA AND COMMUNICATION - Wikimedia Moves Delhi HC against Order Directing it to Remove Defamatory Content of ANI |
| Tue, 08 Apr 2025 10:59:37 IST |
| Wikimedia Foundation has moved the Delhi High Court against an order directing it to remove defamatory content and description of news agency ANI Media Private Limited. |
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| ARBITRATION - Supreme Court: Must Not Rigidly Interpret Three-Month Limitation Period under A&C Act |
| Mon, 07 Apr 2025 12:08:13 IST |
| Supreme Court has observed that for challenging an arbitral award the three-month limitation period under Section 34(3) of the Arbitration & Conciliation Act, 1996 must not be interpreted rigidly as exactly ninety days. Rather it should be interpreted as three calendar months. |
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| INSOLVENCY - SC: Where Judgment Pronounced in Open Court, Limitation Period Starts Running from that Very Day |
| Mon, 07 Apr 2025 12:08:02 IST |
| SC has observed that the incident which triggers limitation period to commence under IBC is the date of pronouncement of order and in case of non-pronouncement of order when hearing concludes. However, where judgment was pronounced in open Court, limitation period starts running from that very day. |
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| MEDIA AND COMMUNICATION - SC Refuses to Entertain PIL Seeking Prohibition on Social Media Usage for Children Below 13 Years |
| Mon, 07 Apr 2025 12:07:52 IST |
| Supreme Court while refusing to entertain a Public Interest Litigation (PIL) seeking prohibition on social media usage for children below 13 years of age, has stated that the issue lies in policy domain. |
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| LAND ACQUISITION - SC: Potentiality of Land is also to be Taken into Consideration While Assessing Market Value |
| Mon, 07 Apr 2025 12:07:41 IST |
| SC has observed that while determining land acquisition compensation the potentiality of the land is also to be taken into consideration while assessing the market value. It has been held that potentiality is the use to which the land is put to use or reasonably capable of being put to use. |
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| SERVICE - SC: Teacher in Service on 10.8.2017 with 18 Month D.El.Ed before 1.4.2019 at Par with Diploma Holder |
| Mon, 07 Apr 2025 12:07:31 IST |
| Supreme Court has observed that teachers who were in employment as on 10.08.2017 and who completed the 18 months D. El. Ed. (ODL) programme through NIOS before 1.04.2019 shall be considered as valid diploma holders for the purpose of applying in other institutions and/or for promotional avenues. |
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| SERVICE - SC: Can't Recover Excess Payments Made to Employee in Absence of Fraud or Misrepresentation |
| Mon, 07 Apr 2025 12:07:21 IST |
| Supreme Court has observed that if an excess payment made to an employee was not on account of any fraud or misrepresentation on the part of the employee then such payment cannot be recovered by the employer. |
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| CIVIL - Supreme Court: Maintain Status Quo on Demolitions in Gurugram's DLF City |
| Mon, 07 Apr 2025 12:07:10 IST |
| Supreme Court while issuing notice on batch of petitions filed by aggrieved residents of Gurugram's DLF City, has directed maintenance of status quo in respect of unauthorized constructions in respect of direction passed by Punjab and Haryana High Court to take prompt action. |
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| CIVIL - SC: In Absence of Prayer for Declaratory Relief, Suit for Specific Performance is Not Maintainable |
| Mon, 07 Apr 2025 12:06:59 IST |
| Supreme Court has observed that in absence of a prayer for declaratory relief that termination/cancellation of the agreement is bad in law, a suit for specific performance is not maintainable. |
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| LIMITATION - SC: Once Limitation Act applies, all its provisions will Apply to the proceedings under Public Premis |
| Mon, 07 Apr 2025 12:06:49 IST |
| SC has observed that a party cannot argue that only section 3 of Limitation Act along with the limitation provided under Limitation Act will apply and not section 18 of the same Act. Once the Limitation Act applies, all its provisions will be applicable to the proceedings under Public Premises Act. |
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| CRIMINAL - AP HC: Revealed Particulars of Invest. Not Adequately Substantiated Can Damage Reputation of Persons |
| Mon, 07 Apr 2025 12:06:39 IST |
| AP High Court has observed that if the particulars of the investigation, those revealed during the early stages, are not adequately substantiated or are based on incomplete or inaccurate information, it could severely damage the reputations of the individuals who have been named. |
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| CONSUMER - Bombay High Court: One Needs to be Mindful of the Object Behind the Consumer Protection Act |
| Mon, 07 Apr 2025 12:06:26 IST |
| Bombay High Court has observed that one needs to be mindful of the object behind the Consumer Protection Act, 1986 that an untrained, unwary consumer because of unequal bargaining power ought not to be deprived of his legal rights. |
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| SERVICE - J&K HC: Administrative Officers Can't Claim Seniority on Basis of Unfilled Vacancies |
| Mon, 07 Apr 2025 12:06:16 IST |
| Jammu & Kashmir and Ladakh High Court has held that claim of seniority by administrative officers cannot be on the basis of unfilled vacancies from previous years and the only valid criterion for determining service hierarchy is the actual date of promotion. |
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| INSOLVENCY - NCLAT: Adjudicating Authority Must Conduct Independent Assessment under IBC |
| Mon, 07 Apr 2025 12:06:05 IST |
| NCLAT New Delhi bench has held that while considering the report of the Resolution Professional submitted under Section 99 of the Insolvency and Bankruptcy Code, 2016, Adjudicating Authority must conduct its independent assessment and cannot merely accept findings of the Resolution Professional. |
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| CRIMINAL - J&K HC: Can't Put Accused under Prev. Detention Only because His Release Affects Public Confidence |
| Mon, 07 Apr 2025 12:05:54 IST |
| Jammu and Kashmir High Court has held that an accused who has secured bail cannot be put under preventive detention merely on the ground that his release will have an impact upon public confidence. |
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| INSOLVENCY - NCLAT: Committee of Creditors Within its Right to Resolve to Liquidate Go Airlines |
| Mon, 07 Apr 2025 12:05:43 IST |
| NCLAT New Delhi bench has held that in absence of any compliant resolution plan, Committee of Creditors (CoC), acting in accordance with Section 33(2) of the Insolvency and Bankruptcy Code, 2016, was within its rights to resolve to liquidate the Corporate Debtor, Go Airlines (India) Ltd. |
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| INSOLVENCY - NCLAT: Can't Preclude Financial Creditors from Filing Applic. in Case of Settlement Agreement Breach |
| Mon, 07 Apr 2025 12:05:32 IST |
| NCLAT New Delhi bench has held that merely because financial creditors have entered into a settlement agreement with the corporate debtor that was subsequently breached, they cannot be precluded from filing an application under Section 7 of the Insolvency and Bankruptcy Code, 2016. |
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| INSOLVENCY - NCLT: Can't Call Speculative Investment a 'Financial Debt' in Absence of Commercial Effect of Borrowi |
| Mon, 07 Apr 2025 12:05:22 IST |
| NCLT New Delhi bench while dismissing an application under Section 7 of the Insolvency and Bankruptcy Code (IBC), 2016 has held that a speculative investor cannot claim status and benefits as a 'financial creditor' in absence of interest in financial well-being of Corporate Debtor. |
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| INSOLVENCY - NCLAT: Assets Reflecting in Corporate Debtor's Balance Sheet form Part of Liquidation Estate |
| Mon, 07 Apr 2025 12:05:12 IST |
| NCLAT New Delhi bench has held that assets reflecting in the Corporate Debtor's balance sheet form part of the liquidation estate under Section 36 of the Insolvency and Bankruptcy Code, 2016 (IBC). |
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| INSOLVENCY - NCLAT: Can File Appeal against NCLT Order Initiating Insolvency Process against Personal Guarantors |
| Mon, 07 Apr 2025 12:05:00 IST |
| NCLAT New Delhi bench has held that personal guarantors can file appeal under Section 61 of Insolvency and Bankruptcy Code, 2016 against NCLT's order directing the initiation of the Personal Insolvency Resolution Process (PIRP) as NCLT is the appropriate forum for initiating insolvency proceedings. |
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| CONSTITUTION - Rajya Sabha Passes Waqf (Amendment) Bill, 2025 |
| Fri, 04 Apr 2025 12:03:59 IST |
| Rajya Sabha has passed the Waqf (Amendment) Act, 2025 a day after it was passed by the Lok Sabha. The bill was passed with 128 votes favouring and 95 votes opposing it. |
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| SERVICE - SC Lays Down Key Principles for Courts When Dealing with Challenges to Appointment |
| Fri, 04 Apr 2025 12:03:49 IST |
| Supreme Court has laid down key principles to be considered by the Court when it is tasked with the issue of whether the entire selection procedure should be struck down when riddled with irregularities. |
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| SERVICE - SC: Candidate Can't Claim Equitable Relief if Appointment is Illegal |
| Fri, 04 Apr 2025 12:03:39 IST |
| Supreme Court has observed that a candidate cannot claim equitable relief under Article 142 of the Constitution of India if the candidate gained entry through a process which was not legal and valid. |
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| ENVIRONMENT - SC Reserves Judgment on Pleas Challenging Centre's Order Allowing Ex-Post Facto Clearance |
| Fri, 04 Apr 2025 12:03:27 IST |
| Supreme Court has reserved its judgment on pleas challenging notifications issued by the Central Government that allowed ex-post facto clearance for mining projects without the requisite clearance under Environment Impact Assessment (EIA) Notification, 2006. |
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| LABOUR AND INDUSTRIAL - SC: Can't Deny Bonus to Workers on Ground of Factories being Run by Charitable Trust |
| Fri, 04 Apr 2025 12:03:16 IST |
| Supreme Court has held that workers in a factory cannot be denied bonus on the ground that the factories are being run by a charitable trust. |
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| ENVIRONMENT - SC Stops Felling of Trees in Kancha Gachibowli Area in Hyderabad |
| Fri, 04 Apr 2025 12:03:06 IST |
| Supreme Court has directed to stop large-scale felling of trees in the Kancha Gachibowli area in Hyderabad and warned of strict action against the Chief Secretary of the State in case of non-compliance of the order. |
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| ENVIRONMENT - SC Passes Order Imposing Year Long Ban on Firecrackers in Delhi NCR |
| Fri, 04 Apr 2025 12:02:56 IST |
| SC has passed an order imposing ban of one year on the use, manufacture, sale and storage of firecrackers in the Delhi-National Capital Region. The Court observed that right to health is an essential part of Article 21 of the Constitution of India so is right to live in a pollution-free atmosphere. |
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| CRIMINAL - SC: Onus Not on Complainant to Prove Financial Capacity at Threshold |
| Fri, 04 Apr 2025 12:02:46 IST |
| Supreme Court has observed that the onus is not on the complainant at the threshold to prove his capacity/financial wherewithal to make the payment in discharge of which the cheque is alleged to have been issued in his favour. |
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| CIVIL - Judges of Supreme Court Decide to Make their Asset Declaration Public |
| Fri, 04 Apr 2025 12:02:37 IST |
| Supreme Court judges have agreed to make declaration of their assets publicly available as a step towards transparency and boosting public confidence in the judiciary. |
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| PROPERTY - SC: Limitation Begins from Date of Registration of Sale Deed that Constitutes Constructive Notice |
| Fri, 04 Apr 2025 12:02:27 IST |
| Supreme Court while overturning High Court's decision upholding a decree in a partition suit filed 45 years after the sale deed was registered, has noted that limitation period begins from the date of registration of the sale deed that constitutes a constructive notice. |
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| ELECTRICITY - SC: Electricity Act Empowers State Commissions to Regulate Open Access Within their Respective States |
| Fri, 04 Apr 2025 12:02:16 IST |
| SC has observed that Section 42(2) of the Electricity Act, 2003 expressly empowers State Commissions to regulate open access within their respective states, ensuring fair and non-discriminatory access to transmission and distribution networks within the state. |
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| CRIMINAL - J&K HC: Govt. Failing to Communicate Rejection of Detenue's Representation in Time Vitiates Order |
| Fri, 04 Apr 2025 12:02:05 IST |
| Jammu and Kashmir and Ladakh High Court has held that the failure on part of the Government to timely communicate the rejection of detenue's representation is sufficient to vitiate the detention order. |
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| CIVIL - Kerala HC: Can't Consider Co-Opted Members of Bar Council as Separate Class from Elected Members |
| Fri, 04 Apr 2025 12:01:56 IST |
| Kerala High Court while hearing a petition filed by 2 co-opted members of the Bar Council of Kerala, has held that co-opted members of the Bar Council cannot be considered as a separate class from elected members. |
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| INSOLVENCY - NCLAT: Unless Amendment Application Filed, Authority Can't Suo Motu Amend Date of Default |
| Fri, 04 Apr 2025 12:01:45 IST |
| NCLAT New Delhi bench has held that unless an amendment application is filed, the adjudicating authority cannot suo moto amend the date of default mentioned in the insolvency application as doing so would amount to exceeding its jurisdiction. |
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| LAW OF EVIDENCE - Allahabad HC: Huge Difference between Executing a Particular Document and Being a Witness |
| Fri, 04 Apr 2025 12:01:35 IST |
| All. HC has observed that there is a huge difference between executing a particular document and being a witness to the same document. The witness does not in any manner agree to the terms and conditions in the lease deed while a person who executes the document agrees to the terms and conditions. |
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| MOTOR VEHICLES - Delhi HC: 'High Speed' Not Sufficient to Conclude Driver Acted in Rash and Negligent Manner |
| Fri, 04 Apr 2025 12:01:26 IST |
| Delhi High Court while discharging a man accused of driving his car in high speed, has observed that 'high speed' of a vehicle is not sufficient to conclude that the driver acted in "rash and negligent" manner. |
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| ARBITRATION - J&K HC: Limitation for Challenging Award Starts after Signed Copy is Received by Party |
| Fri, 04 Apr 2025 12:01:17 IST |
| Jammu and Kashmir High Court has held that limitation period for challenging an award would start only after the signed copy is received by the party seeking to challenge the award as the delivery of a signed copy of the arbitral award is the mandatory requirement under the A&C Act, 1996. |
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| INTELLECTUAL PROPERTY RIGHTS - Delhi HC Directs Removal of 'Kindpan' Trademark in Petition Filed by 'Mankind' |
| Fri, 04 Apr 2025 12:01:07 IST |
| Delhi High Court has directed the removal of trademark 'Kindpan' in a petition filed by Mankind Pharma Limited on the ground that it is the owner of 'Mankind' and 'Kind' marks. |
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| INSOLVENCY - NCLAT: Can't Set Aside Liquidation Order u/s 33 IBC When 3rd Party has Taken Possession of Property |
| Fri, 04 Apr 2025 12:00:58 IST |
| NCLAT New Delhi bench has held that liquidation order passed under Section 33(2) of the Insolvency and Bankruptcy Code, 2016 cannot be set aside once the Successful Auction Purchaser has taken possession of the corporate debtor's property after sale conducted by liquidator. |
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| CONSTITUTION - Lok Sabha Passes the Waqf (Amendment) Bill, 2025 |
| Thu, 03 Apr 2025 15:31:23 IST |
| Lok Sabha has passed the Waqf (Amendment) Bill, 2025 in the ongoing budget session of Parliament. The bill was passed with 288 votes in favour and 232 votes against it. |
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| SERVICE - SC: No Rule that Candidates with Higher Qualification Must be Preferred for Post |
| Thu, 03 Apr 2025 15:31:12 IST |
| Supreme Court has observed that there is no general rule that candidates having higher qualification must be preferred over candidates having basic qualification required for a post. |
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| CUSTOMS - Delhi HC: Preserve CCTV Footage When Complaint against Dept. Regarding Illegal Detention in Received |
| Thu, 03 Apr 2025 15:31:01 IST |
| Delhi High Court has directed that the Customs department must preserve CCTV footage whenever a complaint is received regarding illegal detention of a traveller's foreign currency. |
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| CIVIL - SC: To Prevent Re-Litigation, Quasi-Judicial Bodies are Bound by Principles of Res-Judicata |
| Thu, 03 Apr 2025 15:30:51 IST |
| Supreme Court while setting aside Rajasthan High Court's order, has observed that to prevent re-litigation on the same issue the quasi-judicial bodies are also bound by the principles of res-judicata. |
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| MOTOR VEHICLES - Kar. HC: Rapido, Uber Can't Operate in State Unless Relevant Guidelines Issued |
| Thu, 03 Apr 2025 15:30:40 IST |
| Karnataka High Court while directing the State Government to ensure that all bike taxi operations cease to operate in the State, has held that bike taxi aggregators like Rapido, Uber etc cannot operate in State unless relevant guidelines are issued. |
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| CIVIL - SC Refuses to Direct States to Establish Public Libraries |
| Thu, 03 Apr 2025 15:30:29 IST |
| Supreme Court while refusing to direct State Governments to establish public libraries in rural areas, has observed that there are more pressing issues in rural development and Court cannot pass directions on how the resources should be allocated. |
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| TENANCY - Bom. HC: Can't Evict Tenants Under Arbitration Act if Occupying Premises Falling under DA |
| Thu, 03 Apr 2025 15:30:19 IST |
| Bombay HC has observed that tenants occupying premises that fall under Development Agreement cannot be evicted under Section 9 of the Arbitration and Conciliation Act, 1996. |
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| CIVIL - Kar. HC Refuses to Entertain Petition Seeking Implementation of Circular Regarding Usage of 'Dalit' |
| Thu, 03 Apr 2025 15:30:08 IST |
| Karnataka High Court has refused to entertain a petition that sought implementation of the government circular asking all its departments and authorities to avoid using the nomenclature "Dalit" for members belonging to the Scheduled Castes during all official transactions. |
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| SERVICE - Bombay HC: Condition that Younger Candidate Would be Preferred Over Older Candidate Violates COI |
| Thu, 03 Apr 2025 15:29:56 IST |
| Bom. HC while hearing a petition challenging Indian Oil Corporation Limited's (IOCL) policy for the selection of service providers, has held that a tender prescribing condition that in case of tie breaker a younger candidate would be preferred over an older candidate is arbitrary under A. 14 of COI. |
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| ADMINISTRATIVE - AP HC: Court Possesses Limited Scope of Judicial Review in Transfer Cases on Account of Exigencies |
| Thu, 03 Apr 2025 15:29:45 IST |
| Andhra Pradesh High Court has held that in cases relating to transfers made on account of administrative exigencies, the Court possesses very limited scope of judicial review. In absence of any arbitrary and malafide attributions being made or established the decision cannot be interfered with. |
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| INTELLECTUAL PROPERTY RIGHTS - Delhi High Court Passes Permanent Injunction in Favour of 'Peak XV Partners' |
| Thu, 03 Apr 2025 15:29:34 IST |
| Delhi High Court has passed permanent injunction of in favour of Peak XV Partners Advisors India LLP against passing off of its trademark 'Peak XV Partners' through fraudulent website, apps, WhatsApp. The Court observed that there was a clear intent to defraud and deceive the public. |
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| CONSTITUTION - Lok Sabha Confirms Imposition of President Rule in Manipur |
| Thu, 03 Apr 2025 15:29:23 IST |
| Lok Sabha has adopted a statutory resolution confirming the imposition of President's rule in Manipur. The Union Home Minister has stated that the Government has taken all necessary steps to bring back normalcy in restive Northeastern state. |
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| CRIMINAL - SC: Can Summon Additional Accused on Basis of Witness Statement Without Cross-Examination |
| Wed, 02 Apr 2025 16:00:42 IST |
| Supreme Court has observed that additional accused can be summoned on the basis of unrebutted examination-in-chief of the witness without the need to wait for conclusion of cross-examination. |
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| CIVIL - SC: Court May Award Interest Higher than 6% in Commercial Transactions |
| Wed, 02 Apr 2025 16:00:31 IST |
| Supreme Court has observed that in a commercial transaction, in absence of an agreement between the parties regarding the rate of interest on delayed payment the Court may award interest higher than 6% after taking into account the facts and circumstances in accordance with law. |
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| CRIMINAL - SC Issues Notice in YouTuber's Plea to Quash Criminal Proc. for Disclosing Identity of POCSO Victim |
| Wed, 02 Apr 2025 16:00:21 IST |
| Supreme Court has issued notice on a plea filed by a YouTuber for quashing criminal proceedings initiated against him for disclosing victim's identity in a POCSO Case. The Court stayed the trial and stated that the police authorities appeared to be 'persecuting' the accused. |
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| CIVIL - SC Directs UP Authority to Pay Compensation to Individuals Whose Houses Were Illegally Demolished |
| Wed, 02 Apr 2025 16:00:10 IST |
| Supreme Court has directed Prayagraj Development Authority to pay compensation of 10 lakhs each to six individuals for illegal demolition of their houses. The Court stated that authorities must remember that the right to shelter is also an integral part of Article 21 of the Constitution of India. |
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| SERVICE - SC Clarifies if Assistant Profs. in Engineering Colleges be Re-designated as Associate Profs. Without |
| Wed, 02 Apr 2025 15:59:59 IST |
| Supreme Court has held that Assistant Professors in Engineering institutes who are appointed after 15.03.2000, who were non-Ph.D and had also failed to acquire the same within seven years of appointment as was required, cannot be re-designated as an Associate Professor. |
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| CIVIL - Del. HC Directs Removal of Defamatory Content on ANI's Wikipedia Page |
| Wed, 02 Apr 2025 15:59:48 IST |
| Delhi High Court has directed Wikimedia Foundation to remove defamatory statements published against ANI Media Private Limited on its Wikipedia page. |
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| INSOLVENCY - Supreme Court: Piramal's Resolution Plan for DHFL Upheld |
| Wed, 02 Apr 2025 15:59:37 IST |
| Supreme Court while setting aside the NCLAT order, has approved the Resolution Plan proposed by Piramal Capital and Housing Finance for the erstwhile Dewan Housing Finance Corporation Ltd. |
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| SERVICE - SC: Can't Initiate Disciplinary Proceedings against Officer for Merely Passing Wrong Order |
| Wed, 02 Apr 2025 15:59:26 IST |
| Supreme Court while quashing disciplinary proceedings against a quasi-judicial officer, has observed that merely passing wrong order in good faith cannot justify disciplinary action. |
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| CIVIL - SC: No Interference with Allahabad HC's Order Directing Whitewash Sambhal Mosque's Exterior Walls |
| Wed, 02 Apr 2025 15:59:14 IST |
| Supreme Court while hearing a matter challenging Allahabad High Court's order directing the Archeological Survey of India (ASI) to whitewash the Sambhal Jama Mosque's exterior walls has shown disinclination to entertain the petition. |
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| CONTEMPT OF COURT - SC Withdraws Order Stating Advocates Committed Contempt by Filing Vexatious Petition |
| Wed, 02 Apr 2025 15:59:04 IST |
| Supreme Court has withdrawn its order which held two advocates guilty of contempt of court by filing a vexatious petition after opposition from the members of the bar. |
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| CIVIL - SC Refuses to Entertain Petition Challenging Validity of Places of Worship Act |
| Wed, 02 Apr 2025 15:58:54 IST |
| Supreme Court has refused to entertain a petition challenging validity of S.4(2) of the Places of Worship Act 1991 which provides termination of any legal proceedings on the religious character of a place of worship initiated before August 15, 1947, on the commencement of the Act. |
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| CRIMINAL - AP HC: Rape Cannot be Considered As a Mere Physical Assault |
| Wed, 02 Apr 2025 15:58:43 IST |
| Andhra Pradesh High Court has held that rape cannot be considered as a mere physical assault. Therefore, the cases relating to granting of bail in offences of rape are required to be approached differently. |
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| CIVIL - Ker. HC: State Government to Implement its Monthly Scholarship Scheme for Disabled Children |
| Wed, 02 Apr 2025 15:58:33 IST |
| Kerala High Court has directed the State to ensure strict compliance of its 2015 policy for persons with disabilities providing for monthly scholarship scheme and provide for consequences, place responsibilities, and take disciplinary action. |
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| CRIMINAL - SC Explains Difference between FIR Registration Provisions under CrPC and BNSS |
| Wed, 02 Apr 2025 15:58:20 IST |
| SC while explaining the difference between FIR registration provisions under CrPC & BNSS has observed that while Section 173(1) of BNSS is similar to Section 154 CrPC regarding recording of information, the additional provision of preliminary inquiry under Section 173(3) is a significant departure. |
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| ARBITRATION - Delhi HC: Schedule IV of Arbitration Act Not Mandatorily Applicable on International Arbitrations |
| Wed, 02 Apr 2025 15:58:10 IST |
| Delhi High Court has observed that the IVth Schedule of the Arbitration and Conciliation Act, 1996 pertaining to fees of the arbitrator will not apply mandatorily to an international commercial arbitration in view of Explanation to Section 11(14) of the Act. |
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| CIVIL - Bombay High Court Allows Retail Store in Pune to Operate 24*7 |
| Wed, 02 Apr 2025 15:58:00 IST |
| Bombay High Court has allowed a retail store in Pune to operate 24x7 and observed that this concept brings convenience, ease and flexibility to the consumers to make purchases, more particularly for the persons with non-standard working hours. |
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| CIVIL - Bom. HC: Citizens Don't Have Fundamental Right to be Buried at a Specific Place |
| Wed, 02 Apr 2025 15:57:47 IST |
| Bombay High Court while directing removal of a crematorium constructed nearby residential societies, has held that the citizens do not have a fundamental right to be cremated or buried at a specific place. |
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| SERVICE - AP HC: Mere Projection of Prejudice Not Sole Ground to Brush Aside Principles of Natural Justice |
| Wed, 02 Apr 2025 15:57:32 IST |
| AP HC has observed that the doctrine of prejudice does not supplant the principles of natural justice but operates as an integral part. Therefore, mere projection of argument of prejudice by itself is not a sole ground to brush aside the applicability of principles of natural justice. |
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| ARBITRATION - Delhi HC: Delay in Publication of Award Doesn't Invalidate the Award |
| Wed, 02 Apr 2025 15:57:19 IST |
| Delhi High Court has observed that delay in publication of award does not render the award invalid unless it is shown that rights of the parties are materially affected by the award. |
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| CRIMINAL - SC Acquits Man in 30-Year-Old Murder Case Stating Possibility of False Accusation Due to Prior Enmity |
| Mon, 31 Mar 2025 13:59:42 IST |
| The Supreme Court while acquitting accused in 30-year-old murder case observed that though hostility between parties can establish a motive for committing crime, it also raises possibility of false accusations driven by personal grudge. |
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| CRIMINAL - SC on Abetment to Suicide: There Must be Close Proximity Between Instigation by Accused & Suicide |
| Mon, 31 Mar 2025 13:59:31 IST |
| Supreme Court while observing that there must be a proximity between positive act of instigation by accused person and commission of suicide by victim has upheld the quashing of an abetment to suicide case against business partner of deceased who committed suicide alleging harassment by accused. |
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| SERVICE - SC: Appointing Authority's Approval Not Required for Initiating Disciplinary Action |
| Mon, 31 Mar 2025 13:59:21 IST |
| The Supreme Court, after referring to Article 311(1) of the Constitution has clarified that while appointing authority's approval is necessary for dismissal, it is not required for initiating disciplinary action against Government Employee under this Article. |
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| CONSTITUTION - SC: Police Officers Constitutionally Bound to Protect Freedom of Expression |
| Mon, 31 Mar 2025 13:59:11 IST |
| Supreme Court has emphasized that police officers have a duty to abide by Constitution and respect its ideas as part of State under Article 12 of the Constitution. It further added that they are bound to honour and uphold freedom of speech and expression conferred on all citizens. |
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| CUSTOMS - SC to Custom Authorities: Upgrade Lab Facilities for Proper Testing of Disputed Articles |
| Mon, 31 Mar 2025 13:58:30 IST |
| Supreme Court while reversing the confiscation of imported goods labeled as "Base Oil SN 50" classified as "High Speed Diesel (HSD)" has directed Custom authorities to upgrade lab facilities within six months to ensure full IS-Standard testing and prevent further disputes. |
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| CRIMINAL - Telangana HC: Cohabitation on Pretext of False Divorce from First Wife Amounts to Rape |
| Mon, 31 Mar 2025 13:58:21 IST |
| The Division bench of Telangana High Court has held that cohabitation built on deception without proven customary divorce from first wife amounts to rape. It further stated that accused would be guilty of offence punishable U/S 375 and 376 of IPC and alternatively, under Sections 63 and 64 of BNS. |
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| PROPERTY - SC: Homebuyer Entitled to Refund and Cannot be Forced to Accept Possession after Undue Delay |
| Fri, 28 Mar 2025 12:33:38 IST |
| The Supreme Court has observed that after an undue delay, a homebuyer cannot be forced to accept possession of the property and is entitled to a refund if the unit is not delivered within the agreed time frame. |
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| CRIMINAL - SC: Truth Behind Complaints Must be Ascertained Before Summoning Accused |
| Fri, 28 Mar 2025 12:33:29 IST |
| The Supreme Court, while quashing a cheque dishonor complaint under the Negotiable Instruments Act, has stated that the recording of the complainant's statement on oath was not an empty formality and magistrates must put questions to elicit the truth. |
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| FAMILY - SC Dismisses Mother's Plea to Evict Son from Ancestral Home under Senior Citizens Act |
| Fri, 28 Mar 2025 12:33:19 IST |
| SC while observing that eviction of children is not mandatory in every case, stated that provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007, nowhere specifically provide for drawing proceedings for eviction of persons from any premises owned or belonging to senior person. |
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| CRIMINAL - SC: 'Moratorium' of 1 Year Cannot be Imposed by High Court to Apply for Bail Afresh |
| Fri, 28 Mar 2025 12:33:10 IST |
| Supreme Court, while setting aside a condition imposed upon a bail applicant by the Patna HC stating that the accused can only seek bail afresh after 1 year of the framing of the charges, has observed that the HC could not have imposed a "moratorium of one year" for moving a fresh bail application. |
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| CIVIL - Delhi HC Decides Upon When Hyperlinking of Publication Would Amount to Republication |
| Fri, 28 Mar 2025 12:33:00 IST |
| Delhi HC observed, "if the hyperlinking of publication is done in a manner in which it refers to the content that conveys defamatory meaning, not because a reference was created, but because, if understood in context, it actually expressed something defamatory, then it would amount to republication" |
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| CIVIL - Del. HC Upholds Rules Barring Retired Judges of Other States from Applying for Sr. Adv. Designation |
| Fri, 28 Mar 2025 12:32:51 IST |
| The Delhi High Court has upheld the constitutional validity of Rule 9B of the High Court of Delhi Designation of Senior Advocate Rules, 2024, prohibiting retired judges of other States from applying for senior advocate designation in Delhi. |
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| MEDIA AND COMMUNICATION - Delhi HC Defers Release of Tamil Film 'Veera Deera Sooran' by 4 Weeks |
| Fri, 28 Mar 2025 12:32:40 IST |
| The Delhi High Court has stayed the release of Tamil film 'Veera Deera Sooran' by four weeks, over alleged breach of an assignment agreement by the film's producer. |
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| INSOLVENCY - NCLAT: In absence of privity of contract, application u/s 9 of IBC not maintainable |
| Fri, 28 Mar 2025 12:32:29 IST |
| The National Company Law Appellate Tribunal (NCLAT) has observed that where there is no privity of contract or any sort of Debtor-Creditor relationship between the Applicant and CD, the application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 is not maintainable. |
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| LAND ACQUISITION - SC: Large Areas Do Not Attract the Same Price as is Offered for Small Plots of Lands |
| Thu, 27 Mar 2025 19:12:10 IST |
| SC has observed that it is a settled principle of law that large areas do not attract the same price as is offered for the small plots of lands. Therefore, some amount of deduction is also normally permissible on account of largeness in area. |
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| ENVIRONMENT - SC: Endeavour Should be to Achieve Target of 33% or Even More Than that of Tree/Forest Cover |
| Thu, 27 Mar 2025 19:12:00 IST |
| Supreme Court while hearing a case on the issue of enhancing the green cover of Delhi, has observed that endeavour should be to achieve a target of 33% or even more than that of tree/forest cover. |
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| MEDIA AND COMMUNICATION - SC Passes Directions for Effective Implementation of DMR Act |
| Thu, 27 Mar 2025 19:11:51 IST |
| Supreme Court has passed directions for the State Government for the effective implementation of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (DMR Act) that prohibits publication of misleading advertisements regarding medical cures. |
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| SERVICE - SC: Govt. Employee Transferred at Request Will Have to be Accommodated in Transferred Post |
| Thu, 27 Mar 2025 19:11:41 IST |
| SC has observed that if a Govt. employee is transferred at his own request, such employee will have to be accommodated in transferred post, subject to claims & status of other employees at the transferred place, as their interests cannot be varied in absence of any public interest in the transfer. |
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| MOTOR VEHICLES - SC: Can't Presume Negligence on Part of Driver because he Had Learner's Licence |
| Thu, 27 Mar 2025 19:11:32 IST |
| SC while hearing a matter regarding contributory negligence of a scooter driver in a motor accident claim, has observed that the mere fact that the driver of the scooter had only a learners licence would not necessarily lead to a conclusion of contributory negligence on the part of the scooter driver. |
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| DIRECT TAXATION - Ministry of Finance: Income Tax Officials Can't Access E-mails, Bank Accounts of All Assesses |
| Thu, 27 Mar 2025 19:11:22 IST |
| Ministry of Finance has informed that Income Tax officials cannot access the personal emails, Bank accounts of all the assesses. However, there are provisions allowing access the computer systems of the assesses that are not cooperating. |
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| CONSTITUTION - SC to Consider Constitutionality of Amendment Decreasing Number of Directors in Cooperative Society |
| Thu, 27 Mar 2025 19:11:12 IST |
| Supreme Court has issued notice on the issue whether the ground for amendment to the Maharashtra Cooperative Societies Act, 1960 with regard to reducing the number of Directors in a Co-operative Society from 36 to 21 is legally sustainable. |
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| CIVIL - Supreme Court Explains the Concept of Moulding of Relief |
| Thu, 27 Mar 2025 19:11:03 IST |
| SC has observed that the concept of moulding of relief refers to the ability of a court to modify or shape a relief sought by a party in a legal proceeding based on the circumstances of the case and the facts established after a full-fledged trial. |
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| CIVIL - J&K HC Adopts SOPs by Supreme Court regarding Appearance of Govt. Officials in Court Proceedings |
| Thu, 27 Mar 2025 19:10:53 IST |
| Jammu and Kashmir and Ladakh High Court has issued a notification adopting the Standard Operating Procedure (SOP) with regard to personal appearance of Government Officials in court proceedings, as laid down by the Hon'ble Supreme Court. |
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| FAMILY - SC Directs CARA to Issue NOC for Ease in Inter-Country Adoption |
| Thu, 27 Mar 2025 19:10:43 IST |
| Supreme Court while hearing a plea relating to ease the procedure for inter-country adoption, has directed the Central Adoption Resource Authority (CARA) to issue a No Objection Certificate in four weeks to steadfast the adoption process. |
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| MOTOR VEHICLES - AP HC: Insurance Company Can File Execution Petition Only after Paying Compensation to Claimant |
| Thu, 27 Mar 2025 19:10:33 IST |
| Andhra Pradesh High Court has observed that execution petition can be filed by the insurance company against the owner of an offending vehicle only after paying compensation to the claimant as awarded by the Motor Vehicle Claims Tribunal. |
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| CRIMINAL - J&K HC: Delay in Considering Detenue's Representation Breaches Statutory Requirements |
| Thu, 27 Mar 2025 19:10:24 IST |
| Jammu and Kashmir High Court has held that if there is a delay of more than three months in considering a detenue's representation, it breaches statutory requirements under Section 13 of the J&K Public Safety Act, 1978 and renders the detention invalid. |
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| NARCOTICS - P&H HC: Search of Pvt. Conveyance in Public Place Requires Compliance of S 41(1) & 42(2) of NDPS Act |
| Thu, 27 Mar 2025 19:10:13 IST |
| P&H High Court has observed that where secret information is received in terms of Section 42 of the NDPS Act, then the search of a private conveyance even in a public place/transit would require compliance of Sections 41(1) and 42(2) of the NDPS Act. |
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| SERVICE - AP HC: Mere Acquittal Will Not Confer on Employee Right to Claim Benefit, Including Reinstatement |
| Thu, 27 Mar 2025 19:10:03 IST |
| AP HC has observed that that mere acquittal by a criminal court will not confer on the employee a right to claim any benefit, including reinstatement. However, if the charges and evidence are same then the matter acquires a different dimension. |
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| MEDIA AND COMMUNICATION - Kerala High Court: Need Effective Laws to Combat Cyber Bullying |
| Thu, 27 Mar 2025 19:09:53 IST |
| Kerala High Court has observed that it is of grave concern that, in this digital age, there is a lack of comprehensive and effective legislation to combat such misconduct, which necessitates the urgent attention of the authorities concerned. |
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| INSOLVENCY - NCLAT: Can't Recall Order Passed after Considering Materials Important for Determination of Issue |
| Thu, 27 Mar 2025 19:09:40 IST |
| NCLAT New Delhi bench has held that if an order has been passed by Adjudicating Authority after consideration of all the necessary materials that are important for determination of issue, such an order cannot be recalled. |
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| CRIMINAL - Delhi High Court Allows MP Engineer Rashid to Attend Parliament Session |
| Thu, 27 Mar 2025 19:09:30 IST |
| Delhi High Court has allowed Jammu and Kashmir MP Engineer Rashid to attend the Parliamentary session 'in-custody'. Engineer Rashid shall be handed-over to the custody of Parliament security to attend the proceedings and to avail other facilities and amenities within the Parliament House. |
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| CIVIL - Delhi HC Refuses to Disturb Allotment of Land to Political Parties for Construction of Party Offices |
| Thu, 27 Mar 2025 19:09:18 IST |
| Delhi High Court has refused to disturb the allotment of a land to three political parties, for construction of their party offices that was earlier allotted to the Airports Authority of India. |
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| INSOLVENCY - NCLAT: Fresh Limitation Period Commences from Date when CD Signs Balance Sheet |
| Thu, 27 Mar 2025 19:09:07 IST |
| NCLAT New Delhi bench has held that for the purpose of filing an application under section 7 of the Insolvency and Bankruptcy Code, 2016 fresh period of limitation under Section 18 of the Limitation Act, 1963 commences from the date the balance sheet is signed by the authorized signatories of CD. |
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| INSOLVENCY - NCLAT: Must Admit Application u/s 7 When CD's OTS Proposal is Rejected |
| Thu, 27 Mar 2025 19:08:57 IST |
| NCLAT New Delhi bench has held that an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 must be admitted when a One-Time Settlement (OTS) proposal submitted by the corporate debtor is rejected by the financial creditor and the debt remains unpaid. |
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| CRIMINAL - SC: Suo Motu Cognisance Taken on Allahabad HC Decision that Grabbing Breasts Won't Constitute Rape |
| Wed, 26 Mar 2025 14:57:10 IST |
| Supreme Court has taken suo motu cognizance of Allahabad High Court's holding that grabbing the breasts of a minor girl, breaking the string of her pyjama would not come under the offence of rape or an attempt to rape. |
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| PROPERTY - Supreme Court Explains Distinction between Gift/Settlement Deed & Will |
| Wed, 26 Mar 2025 14:56:52 IST |
| SC has observed that in case of gift, it is a gratuitous grant by owner to another person, in case of a settlement, the consideration is mutual love, care, affection and satisfaction and in will, it is declaration of the intention of testator in disposition of his property in a particular manner. |
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| CRIMINAL - SC: If Adequately Explained, Delay in Recording Witness Statement Isn't Fatal |
| Wed, 26 Mar 2025 14:56:39 IST |
| Supreme Court has held that if delay in recording eyewitness's testimony has been explained properly then it would not draw an adverse inference against the prosecution's case. |
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| CRIMINAL - SC: Breach of Promise to Marry Doesn't Amount to Rape Unless Fraudulent Intent Exists |
| Wed, 26 Mar 2025 14:56:26 IST |
| Supreme Court while quashing a rape case against a man accused of forcible sex under the pretext of marriage, has observed that a breach of a promise to marry will not automatically amount to rape unless there is existence of fraudulent intention at the time of consent. |
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| CIVIL - SC: Public Authorities Must Take Statutory Notice Issued to Them in All Seriousness |
| Wed, 26 Mar 2025 14:55:49 IST |
| SC has observed that public authorities must take statutory notice issued to them in all seriousness and must not sit over such notices and force the citizens to the vagaries of litigation. They are expected to let the plaintiff know their stand within the statutory period. |
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| ARBITRATION - Tel. HC: Can Challenge Order Rejecting Jurisdictional Objections under Section 34 |
| Wed, 26 Mar 2025 14:55:36 IST |
| Telangana High Court has observed that challenge to an order rejecting jurisdictional objections under Section 16 of the Arbitration and Conciliation Act, 1996 can be done only under Section 34 of the Act and no writ petition can be entertained. |
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| ARBITRATION - AP HC: Can't Entertain Second Execution Petition When First Petition was Dismissed |
| Wed, 26 Mar 2025 14:55:23 IST |
| Andhra Pradesh High Court has held that if the first petition for enforcement of an award has been rejected on merits then the second execution petition for enforcing an award is not maintainable. |
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| ARBITRATION - AP HC: Can't Call Proceedings before Registrar as Arbitral Proceedings |
| Wed, 26 Mar 2025 14:55:09 IST |
| Andhra Pradesh High Court has observed that proceedings held before the Registrar under A.P. Cooperative Societies Act, 1964 cannot be termed as arbitral proceedings and no provision of the Arbitration and Conciliation Act, 1996 would apply to such proceedings. |
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| INTELLECTUAL PROPERTY RIGHTS - Delhi HC: Tyres Manufacturer 'Bridgestone' Gets Damages Over Trademark Infringement By Indian Firm |
| Wed, 26 Mar 2025 14:54:57 IST |
| Delhi High Court has awarded Rs. 34.41 lakh compensation to automobile tyres manufacturer Bridgestone Corporation for its trademark infringement by Indian firm for manufacturing tyres and tubes for automobiles under 'Brimestone' mark. |
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| LAW OF EVIDENCE - Ker. HC: Can't Consider Expert's Report as Formal Substitute for Section 65B(4) of Evidence Act |
| Wed, 26 Mar 2025 14:54:42 IST |
| Ker. HC has stated that an expert's report cannot be considered as a formal substitute for Section 65B(4) of the Indian Evidence Act, 1872 certificate in the eyes of law since, they serve two different purposes. |
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| FAMILY - MP HC Clarifies that Hindu Marriage Act Applies to Jain Community |
| Wed, 26 Mar 2025 14:54:29 IST |
| Madhya Pradesh High Court has clarified that Jain community would be governed by the provisions of Hindu Marriage Act, 1955 even though it is recognized as a minority community vide a central government notification. |
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| SERVICE - P&H HC: Employee Dismissed from Service Not Entitled to Pension |
| Wed, 26 Mar 2025 14:54:17 IST |
| Punjab and Haryana High Court while dismissing a petition seeking pensionary benefits for a dismissed police officer has observed that an employee dismissed from service is not entitled to pension under Punjab Civil Services Rules and Punjab Police Rules, 1934. |
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| CIVIL - Del. HC: Union to Inform about Regulatory Mechanism to Ensure Taxi Apps are Disabled Friendly |
| Tue, 25 Mar 2025 12:47:04 IST |
| Del. HC has directed the Union Government to file an affidavit to place on record the regulatory mechanism that is in place to ensure that taxi applications comply with the necessary requirements for being disabled friendly prior to their launch, and have all requisite accessibility features. |
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| CIVIL - AP HC: Appropriate if Government Establishes Register for Recording Disputes between Parties |
| Tue, 25 Mar 2025 12:46:55 IST |
| AP HC has observed that it would be appropriate, if government establishes a statutory basis for creation of a dispute register with rules set out for inclusion and removal of properties from such a dispute register. Such dispute register may be used as a reference point for verification of title. |
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| CIVIL - SC Reserves Post for Women Advocates in District Bar Associations in State of Karnataka |
| Tue, 25 Mar 2025 12:46:45 IST |
| Supreme Court has directed all the district bar associations in the entire state of Karnataka to earmark the post of Treasurer and reserve 30% post of Councilors/members of Executive Committee exclusively for women candidates. |
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| SERVICE - Madras HC: Employer Cannot Seek Proof Beyond Doubt for Factum of Marriage Unless it is Disputed |
| Tue, 25 Mar 2025 12:46:35 IST |
| Madras High Court has held that no doubt, maternity leave is granted to a married woman but a marriage need not be compulsorily registered and the employer cannot seek proof beyond doubt for the factum of marriage unless it is disputed. |
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| SERVICE - J&K HC: Can't Call Employer Setting Cut-Off Dates for Pension Schemes as Violative of Article 14 |
| Tue, 25 Mar 2025 12:46:25 IST |
| Jammu & Kashmir and Ladakh High Court has held that employers have the authority to fix a cut-off date for introducing new pension or retirement schemes, and such decisions of the employer are not violative of Article 14 of the Constitution of India. |
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| LABOUR AND INDUSTRIAL - AP HC: Employees Engaged in Loading, Maintenance Covered under Definition of Employee |
| Tue, 25 Mar 2025 12:46:15 IST |
| AP HC has held that employees engaged by security agencies, for loading/unloading, office/factory maintenance and pay loader work would be covered by the definition 'employee' as defined under Section 2(f) of EPF Act, 1952 and the employer must extend benefit of Provident Fund to those employees. |
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| CIVIL - SC Directs Formation of National Task Force to Address Mental Health Concerns in Colleges |
| Tue, 25 Mar 2025 12:46:05 IST |
| Supreme Court has directed the formation of a National Task Force to address the mental health concerns of students and prevent the commission of suicides in Higher Educational Institutions. |
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| LIMITATION - SC: Courts Must Adopt Liberal Approach in Condoning Delay if Case's Merits Require Examination |
| Tue, 25 Mar 2025 12:45:56 IST |
| SC has observed that there can be no quarrel on the settled principle of law that delay cannot be condoned without sufficient cause, but a major aspect which has to be kept in mind is that, if in a particular case, merits have to be examined, it should not be scuttled merely on basis of limitation. |
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| LABOUR AND INDUSTRIAL - J&K HC: Indian Army doesn't Fall Within the Definition of 'Industry' |
| Tue, 25 Mar 2025 12:45:46 IST |
| Jammu and Kashmir High Court while setting aside Labour Court's order directing reinstatement of petitioners serving as porters in the Indian Army, has held that the Army does not fall within the definition of an 'Industry' and thus, the Labour Court had no jurisdiction to entertain the case. |
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| ARBITRATION - Delhi HC: When No Seat/Venue Specified in Agreement, Jurisdiction to be Decided Under CPC |
| Tue, 25 Mar 2025 12:45:35 IST |
| Delhi High Court has observed that court's jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996 is to be decided under the Civil Procedure Code, 1908 if there is absence of a specified seat or venue in the Arbitration Agreement. |
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| CRIMINAL - SC Dismisses Petition Challenging Order that Grabbing Breasts of Minor is Not Rape |
| Tue, 25 Mar 2025 12:45:25 IST |
| Supreme Court has dismissed a petition challenging order passed by the Allahabad High Court which held that grabbing the breasts of a minor girl, breaking the string of her pyjama would not come under the offence of rape or an attempt to rape. |
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| CRIMINAL - SC: In Cases of Group Clashes Courts Must Ensure No Innocent Bystander is Convicted |
| Tue, 25 Mar 2025 12:45:15 IST |
| SC has observed that in cases of group clashes where a large number of persons are involved, an onerous duty is cast upon the courts to ensure that no innocent bystander is convicted and deprived of his liberty. |
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| CIVIL - J&K HC: Threats to Litigants Justifies Measure Like Virtual Hearing |
| Tue, 25 Mar 2025 12:45:05 IST |
| Jammu and Kashmir High Court while allowing virtual hearing for a party instead of transferring the appeal on grounds of security, has stated that legitimate security concerns justify measures like virtual hearing. |
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| TENANCY - Ker. HC: Can't Burden Tenant to Pay Substantial Arrears Due to Delay in Proceedings |
| Tue, 25 Mar 2025 12:44:56 IST |
| Kerala High Court has observed that a tenant who has been ordered to pay enhanced fair rent to the landlord cannot be burdened with substantial amount of arrears only because there was delay in completion of judicial proceedings. |
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| CONSUMER - SC: Presence of Arbitration Clause Won't Override Consumer's Choice to Move Consumer Forum |
| Tue, 25 Mar 2025 12:44:46 IST |
| Supreme Court has observed that a consumer can approach the consumer forum even if there is existence of an arbitration clause in the agreement and a consumer cannot be forced to adjudicate dispute through arbitration. |
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| COMMERCIAL - AP HC: Amendments Introducing Auction Based System for Grant of Minor Mineral Leases Upheld |
| Tue, 25 Mar 2025 12:44:36 IST |
| Andhra Pradesh High Court has upheld amendments made to the A.P. Minor Mineral Concession Rules, 1966 which sought to fundamentally alter the manner of granting minor mineral leases by shifting from a first-come-first-serve system to an auction-based system. |
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| CIVIL - CJI Constitutes Committee Formed to Conduct Inquiry into Allegations against Justice Yashwant Varma |
| Mon, 24 Mar 2025 12:17:41 IST |
| Chief Justice of India has constituted a committee of three members for conducting an inquiry into allegations against Justice Yashwant Varma, Judge of the Delhi High Court. |
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| SERVICE - SC: Can't Reject Candidates with Higher Degree Only because Post requires Lower Degree Qualification |
| Mon, 24 Mar 2025 12:17:31 IST |
| Supreme Court has observed that candidates cannot be rejected for a post merely because they possess higher degree and a lower degree of qualification is required for the post. |
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| CIVIL - Supreme Court Refuses to Interfere with Implementation of Haj Policy, 2025 |
| Mon, 24 Mar 2025 12:17:21 IST |
| Supreme Court while hearing petitions challenging allocation of quotas of Haj pilgrims, has refused to interfere with the implementation of the Union Government's Haj Policy, 2025. |
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| CRIMINAL - Supreme Court: High Courts to Prioritise Criminal Appeals of Elderly Accused on Bail |
| Mon, 24 Mar 2025 12:17:11 IST |
| Supreme Court has stated that the old age of the accused and the long lapse of time from the commission of the offence can always be a ground available to give some priority to the appeals against conviction of the accused on bail. |
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| CIVIL - Supreme Court: BCI Has No Authority to Interfere with Legal Education |
| Mon, 24 Mar 2025 12:17:01 IST |
| Supreme Court while dismissing Bar Council of India's challenge to a Kerala High Court order allowing murder convicts to attend law classes online, has observed that the Bar Council of India has no authority to interfere with matters relating to legal education. |
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| FAMILY - Ker. HC: There is No Personal Law in India Applicable to Christians Recognizing Adoption |
| Mon, 24 Mar 2025 12:16:30 IST |
| Kerala High Court has observed that there is no personal law in India applicable to Christians recognizing adoption. But a valid adoption made in accordance with civil law as applicable to the child adopted and the adopted parents is recognized by Canon Law. |
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| CONSUMER - SC: Party Having No Privity of Contract with Service Provider Can't be Called 'Consumer' under CP Act |
| Mon, 24 Mar 2025 12:16:19 IST |
| Supreme Court has held that a party cannot be called a consumer under the Consumer Protection Act, 1986 if there is no privity of contract with service provider and to qualify as a "consumer" there must a direct contractual relationship between the parties. |
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| CRIMINAL - P&H HC: Measured Legal Response Necessitates Vigilance at Point of Entry |
| Mon, 24 Mar 2025 12:16:09 IST |
| Punjab & Haryana High Court has stated that a measured legal response necessitates vigilance at the point of entry rather than the indiscriminate denial of bail. The cornerstone of an effective deterrence mechanism lays in rigorous pre-admission scrutiny comprehensive background verifications. |
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| PROPERTY - SC: Protection under TP Act Not Available to if Party Knew about Pending Litigation |
| Mon, 24 Mar 2025 12:15:58 IST |
| Supreme Court has observed that if a party knows about pending litigation while entering into an agreement then protection under Section 53A of the Transfer of Property Act, 1882 shall not be available to the party. |
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| ARBITRATION - Del. HC: Participation in Arbitral Proc. Doesn't Imply Acceptance of Arbitrator's Unilateral Appoin. |
| Mon, 24 Mar 2025 12:15:47 IST |
| Delhi High Court has held that mere participation in the arbitration proceedings cannot tantamount to acceptance of unilateral appointment of Arbitrator unless objections are expressly waived in writing. |
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| INSOLVENCY - NCLT Kochi: As Per IBBI Regulations, Replaced Liquidator Entitled to Minimum 2 Lakh Rupees |
| Mon, 24 Mar 2025 12:15:38 IST |
| NCLT Kochi bench has held that as per the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, replaced/outgoing liquidator is entitled to a minimum fee of Rs. 2 Lakh for the tenure he has worked. |
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| INSOLVENCY - NCLAT: Can't Terminate Lease Hold Rights in Favor of CD During Moratorium Period |
| Mon, 24 Mar 2025 12:15:27 IST |
| NCLAT New Delhi bench has held that there cannot be a termination of lease hold rights in favour of Corporate Debtor during the moratorium period under Section 14 of the Insolvency and Bankruptcy Code, 2016. |
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| INSOLVENCY - NCLAT: To Reject Application u/s 9 of IBC Reflection of Genuine Pre Existing Dispute Sufficient |
| Mon, 24 Mar 2025 12:15:06 IST |
| NCLAT New Delhi Bench has held that for rejection of an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC), reflection of a pre-existing dispute regarding the claim between the parties is sufficient. |
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| INSOLVENCY - NCLAT: Security to Become Part of Liquidation Estate if Creditor Fails to Deposit Amount in 90 Days |
| Mon, 24 Mar 2025 12:14:43 IST |
| NCLAT New Delhi bench has held that security shall become part of the liquidation estate if there is failure on part of a secured creditor to deposit the amount as stipulated under Regulation 21A(2) of the Liquidation Regulations within a period of 90 days. |
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| CIVIL - Show Cause Notice Sent to DSK Legal for Video Advertisement Featuring Bollywood Actor |
| Fri, 21 Mar 2025 18:44:39 IST |
| Bar Council of India has sent a show cause notice to law firm DSK Legal for its video advertisement featuring a bollywood actor. It was stated that such promotional tactics are not only deceptive but also violate the trust that clients place in the legal system. |
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| INSOLVENCY - SC: Once Resolution Plan is Approved No Belated Claim Can be Included |
| Fri, 21 Mar 2025 18:44:29 IST |
| SC has observed that once the Resolution Plan is approved by the NCLT, no belated claim can be included therein that was not made earlier. If such demands are taken into consideration, the parties will not be in a position to recommence the business of the Corporate Debtor on a clean slate. |
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| CIVIL - SC: If Compensation is Delayed or Defaulted, Acid Attack Victims Can Approach SLSA |
| Fri, 21 Mar 2025 18:44:17 IST |
| Supreme Court while hearing a PIL seeking efficient compensation for victims of acid attack, has allowed the affected survivors to approach the State Legal Services Authorities(SLSA). |
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| CRIMINAL - SC: Court Intending to Add Person as Accused Can't Direct Police to Add Name in Chargesheet |
| Fri, 21 Mar 2025 18:44:07 IST |
| Supreme Court has observed that if a Court wants to add a person as an accused then it may issue summons to the proposed accused as the Court does not have the authority to direct the police to add the name of the person in the chargesheet. |
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| LAND ACQUISITION - SC: Beneficiary Can't Transfer Land Acquired By Govt. to Original Owner Through Private Agreement |
| Fri, 21 Mar 2025 18:43:57 IST |
| Supreme Court has observed that if the Government acquires land through its sovereign power of eminent domain then the beneficiary cannot transfer the land to the original owner through private agreements. |
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| CRIMINAL - SC Disapproves Bail Condition that Upon Filing of Charge Sheet, Trial Court Shall Take Coercive Steps |
| Fri, 21 Mar 2025 18:43:47 IST |
| Supreme Court while disapproving with order of Patna High Court imposing a condition that upon filing of the charge sheet, the trial court shall take coercive steps against the applicant, has observed that HC could have left it open to the trial court to take a call on coercive steps. |
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| CRIMINAL - SC: Silence of the Victim Cannot Accrue to the Benefit of the Accused |
| Fri, 21 Mar 2025 18:43:37 IST |
| SC has observed that the silence of the victim cannot accrue to the benefit of the accused. There is no hard and fast rule that in the absence of a statement a conviction cannot stand, particularly when other evidence, medical and circumstantial, is available pointing to such a conclusion. |
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| CRIMINAL - SC: Before Complainant Adopts Remedy u/s 156(3) of CrPC, He Must Exhaust Remedies u/s 154 |
| Fri, 21 Mar 2025 18:43:28 IST |
| SC has observed that before a complainant chooses to adopt a remedy under Section 156(3) of the CrPC, 1973 he must exhaust his remedies under sub-Sections (1) and (3) of Section 154 of the CrPC, 1973 and he must make those averments in the complaint and produce the documents in support. |
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| CRIMINAL - Kar. HC: Lokayukta Acting Upon Complaint before registration of FIR Violates S. 17 of P&C Act |
| Fri, 21 Mar 2025 18:43:18 IST |
| Karnataka High Court has held that Lokayukta acting upon the anonymous complaint embarked upon elaborate enquiry, summoning officers before the registration of FIR under provisions of the Prevention of Corruption Act, 1988 would amount to a violation of Section 17A of the Act. |
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| CRIMINAL - Kar. HC: Lokayukta Acting Upon Complaint before registration of FIR Violates S. 17 of P&C Act |
| Fri, 21 Mar 2025 18:43:08 IST |
| Karnataka High Court has held that Lokayukta acting upon the anonymous complaint embarked upon elaborate enquiry, summoning officers before the registration of FIR under provisions of the Prevention of Corruption Act, 1988 would amount to a violation of Section 17A of the Act. |
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| SERVICE - Ker. HC: State to Frame Gudelines for Ensuring Anonymity of Complainant in POSH Cases |
| Fri, 21 Mar 2025 18:42:59 IST |
| Kerala High Court has directed the State Government to frame guidelines for keeping the details of the complainant anonymous from public domain during the enquiry proceedings under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). |
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| CRIMINAL - J&K HC: Provisions of S. 329 of CrPC Can be Invoked Only After Framing of Charges |
| Fri, 21 Mar 2025 18:42:49 IST |
| Jammu & Kashmir and Ladakh High Court has held that the provisions dealing with the procedure for trying a person of unsound mind given under Section 329 of the Code of Criminal Procedure, 1973 (CrPC) can only be invoked once charges have been framed in a criminal trial. |
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| SERVICE - Raj. HC: If More than 1 Delinquent Employees, Composite Enquiry only Possible if Authority is Same |
| Fri, 21 Mar 2025 18:42:40 IST |
| Rajasthan High Court has observed that if there are more than one delinquent employees then composite disciplinary proceedings can take place against them only when competent and disciplinary authorities of all such delinquent employees are the same. |
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| ARBITRATION - Cal. HC: Can Make Non-Signatories Party to Dispute if their and Signatories Relief Align |
| Fri, 21 Mar 2025 18:42:29 IST |
| Calcutta High Court has observed that non-signatories in an arbitration agreement can be made party to a dispute if relief sought against the signatories and non-signatories aligns. |
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| FAMILY - Delhi High Court: Well Educated Wife Must Not Remain Idle Only for Gaining Maintenance |
| Fri, 21 Mar 2025 18:42:19 IST |
| Delhi High Court has observed that a well-educated wife, with experience in a suitable gainful job, ought not to remain idle solely to gain maintenance from her husband. |
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| LIMITATION - Ori. HC: Although Limitation Act is Not Strictly Applicable to a Writ Petition, But the Principles Ap |
| Fri, 21 Mar 2025 18:42:10 IST |
| Ori. High Court has observed that although the Limitation Act, 1963 is not strictly applicable to a writ petition, but the principles apply. Delay or laches is one of the factors which is to be kept in mind by the High Court as a party who is guilty of delay and laches cannot be granted any relief. |
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| NARCOTICS - J&K HC: Section 37 of NDPS Act Comes Into Play When Bail is Being Considered on Merit |
| Fri, 21 Mar 2025 18:42:00 IST |
| J&K HC has observed that Section 37 of NDPS Act, comes into play only when bail of person accused of an offence involving commercial quantity of a contraband is being considered on merits and limitations contained therein would not apply when bail is to be granted on humanitarian grounds. |
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| ARBITRATION - Delhi HC: Clause of Exclusive Jurisdiction to Prevail if it Expressly Covers Arbitration Proceedings |
| Fri, 21 Mar 2025 18:41:49 IST |
| Delhi HC has observed that if an agreement contains one clause designating the arbitral seat, and another conferring exclusive jurisdiction on courts located elsewhere then disputes relating to arbitration would lie only before the Court having territorial jurisdiction over the arbitral seat. |
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| CIVIL - Ori. HC: It is the Duty of the Court to Decide or Deal with Grievance of Litigants |
| Fri, 21 Mar 2025 18:41:40 IST |
| Orissa HC has observed that if the litigants approach the Court to get their grievance remedied, it should be the duty of the Court to decide or deal with the grievance of the litigants notwithstanding the litigation has merit or not. |
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| INSOLVENCY - NCLAT: Delivering Demand Notice to Last Known Address to be Deemed Valid |
| Fri, 21 Mar 2025 18:41:30 IST |
| NCLAT New Delhi bench has held that delivery of demand notice to the last known address of the personal guarantor as has been stated in the deed of guarantee shall be considered as valid service for the purposes of Section 95(4) of the Insolvency and Bankruptcy Code, 2016. |
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| INSOLVENCY - NCLAT: Can't Admit Application u/s 9 of IBC When Debt is Discharged after Receipt of Demand Notice |
| Fri, 21 Mar 2025 18:41:20 IST |
| NCLAT New Delhi bench has held that application under Section 9 of the Insolvency and Bankruptcy Code, 2016 cannot be admitted if the corporate debtor discharges the debt in question after the issuance of demand notice under Section 8 of IBC. |
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| INSOLVENCY - NCLAT: Can't Consider Allottee Financial Creditor When Allotted Unit Cancelled at their Request |
| Fri, 21 Mar 2025 18:41:10 IST |
| NCLAT New Delhi has held that there cannot be a consideration of an allottee of a unit as a financial creditor if the allotted unit has been cancelled at their request. |
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| INSOLVENCY - NCLAT: Time Extension for Payment of Sale Consid. Beyond 90 Days Can Only be Done by Adj. Authority |
| Fri, 21 Mar 2025 18:40:58 IST |
| NCLAT New Delhi bench has held that only the adjudicating authority can extend the time for payment of sale consideration beyond 90 days under Schedule 1, Clause 1(12) of the Liquidation Regulations, 2016. |
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| INSOLVENCY - NCLAT: Post-Submission, CoC Can't Remit Approved Resolution Plan |
| Fri, 21 Mar 2025 18:40:41 IST |
| NCLAT New Delhi bench has held that Committee of Creditors (CoC) cannot remit Resolution Plan for fresh consideration once it has been approved by CoC and submitted to the Adjudicating Authority. |
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| CIVIL - SC: Advocate's Right to Appear for Party & to Practice is Coupled With Duty to Remain Present |
| Thu, 20 Mar 2025 11:58:20 IST |
| SC has observed that right of an Advocate to appear for a party and to practice in the courts is coupled with the duty to remain present in the court at the time of hearing, and to participate and conduct the proceedings diligently, sincerely, honestly and to the best of his ability. |
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| EDUCATION - SC Grants Relief to BAMS Student Who Was Denied Degree |
| Thu, 20 Mar 2025 11:58:10 IST |
| SC has granted relief to a BAMS student who was denied degree because he did not meet the eligibility criteria of studying English in 12th class at time of admission to the Course. Court directed that the student shall be permitted to complete his course pursuant to which the degree shall be issued. |
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| ENVIRONMENT - Supreme Court, Greater Noida Authority, Homebuyers |
| Thu, 20 Mar 2025 11:58:00 IST |
| Supreme Court has refused to grant blanket permission for the establishment or expansion of Micro, Small, and Medium Enterprises (MSMEs) in the Taj Trapezium Zone unless the Court is made aware whether the industry sought to be created is likely to create pollution. |
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| CIVIL - SC Questions Involvement of Bar Members in Permanent Committee Assigning Marks to Candidates |
| Thu, 20 Mar 2025 11:57:48 IST |
| Supreme Court has questioned inclusions of two members of the bar as part of the machinery which evaluates and assigns marks to the lawyers who are candidates for senior advocate designations. |
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| CIVIL - SC: Government of Uttarakhand Explains 'Misutilization' of CAMPA Funds |
| Thu, 20 Mar 2025 11:56:38 IST |
| Government of Uttarakhand has explained the misutilization of CAMPA (Compensatory Afforestation Fund Management and Planning Authority) funds to the Supreme Court. Pursuant to such explanation, the SC decided to not go further with the issue. |
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| FAMILY - Mad. HC: Act of the Wife in Merely Watching Porn Privately by Itself May Not Constitute Cruelty |
| Thu, 20 Mar 2025 11:56:27 IST |
| Madras HC has observed that the act of the wife in merely watching porn privately by itself may not constitute cruelty to the husband. It may affect the psychological health of the viewing spouse which by itself will not amount to treating the other spouse cruelly. |
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| CIVIL - SC Comments on States Boasting High Per Capita Income and Still Claiming BPL Benefits |
| Thu, 20 Mar 2025 11:56:17 IST |
| Supreme Court while hearing a matter pertaining to the free ration cards to migrant workers and unskilled labourers, has orally commented that there are states that boast of having high per capita income but also claim benefits meant for the Below Poverty Line (BPL) section. |
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| CIVIL - SC: Greater Noida Authority to Cooperate With Homebuyers in Reviving Abandoned Housing Project |
| Thu, 20 Mar 2025 11:56:07 IST |
| Supreme Court has directed the Greater Noida Industrial Development Authority to cooperate in the entire exercise of reviving a dead project where the home buyers have been cheated by the builder who has vanished decades ago. |
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| CIVIL - Delhi HC: BCI to Enroll South Korean Citizen as Advocate |
| Thu, 20 Mar 2025 11:55:57 IST |
| Delhi High Court has directed the Bar Council of India to enroll a South Korean citizen as an advocate within two days. The Court observed that enrollment cannot be withheld since there was no stay of a single judge order quashing BCI's decision refusing the enrollment. |
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| SERVICE - 'Sikhya Providers' Entitled to Age Relaxation in Recruitment Exam |
| Thu, 20 Mar 2025 11:55:46 IST |
| Punjab & Haryana High Court has held that Sikhya Providers appointed to teach the students in the government schools are entitled to age relaxation in a government recruitment exam. Depriving them of such relaxation would be violative of Article 21-A of the Constitution of India. |
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| CIVIL - Delhi High Court Pulls Up Delhi Govt. for Lack of Efforts to Ensure Finances for Pending Projects |
| Thu, 20 Mar 2025 11:55:35 IST |
| Del. HC has pulled up Delhi Govt. for lack of efforts to ensure finances for pending project of construction of residential flats for judicial officers & observed that it is needless to remind the officers of Govt. and other authorities that providing accommodation to officers has to be prioritized. |
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| CRIMINAL - Allahabad HC: Grabbing Breasts of Victim Will Not Constitute Offence of Rape |
| Thu, 20 Mar 2025 11:55:25 IST |
| Allahabad High Court has observed that the act of grabbing the breasts of the minor victim, breaking the string of her pyjama will not constitute the offence of rape or an attempt to rape. |
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| CIVIL - Del. HC Issues Notice on PIL Seeking Reduction of Bird Aircraft Strike Hazard |
| Thu, 20 Mar 2025 11:55:15 IST |
| Delhi High Court has issued notice on a Public Interest Litigation (PIL) seeking reduction of bird aircraft strike hazard and closure of illegal slaughterhouses around the Indira Gandhi International (IGI) Airport. |
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| CRIMINAL - Del. HC: Conviction u/s 138 of NI Act Can't Qualify as Reason for Appellate Court to Seek 20% Deposit |
| Thu, 20 Mar 2025 11:55:05 IST |
| Delhi High Court has observed that conviction of accused under Section 138 of the Negotiable Instruments Act, 1881 does not qualify as a reason for Appellate Court to direct deposit of 20% of fine or compensation under Section 148 of the Act. |
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| TENANCY - J&K HC: Can't Allow Party to Unilaterally and Retrospectively Alter the Rent Amount |
| Thu, 20 Mar 2025 11:54:56 IST |
| Jammu and Kashmir High Court has held that it is not permissible to allow a party to alter the rent amount fixed with the tenant, unilaterally and retrospectively. |
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| CIVIL - Del. HC: Misuse of Firecrackers has Potential Not Only to Cause Ocular Injuries but Also Other Injuri |
| Thu, 20 Mar 2025 11:54:45 IST |
| Delhi High Court while hearing a PIL regarding the issue of ocular injuries caused due to usage of firecrackers, has observed that misuse of firecrackers has the potential not only to cause ocular injuries but also injuries to any other body part, even to the pets and other animals. |
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| CRIMINAL - Ker. HC: Quashing Charges u/s 185 MV Act Won't Nullify Prosecution u/s 279 of IPC |
| Thu, 20 Mar 2025 11:54:35 IST |
| Kerala High Court has observed that there is absolutely no merger of the ingredients of Section 279 of IPC, 1860 and Section 185 of the MV Act, 1988 to hold that a finding against one of the aforesaid Sections would nullify the prosecution initiated under the other section. |
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| CIVIL - Del. HC: If Distributor Makes No Value Addition, Resale Price Method Appropriate to Determine ALP |
| Thu, 20 Mar 2025 11:54:25 IST |
| Delhi High Court has clarified that where distributor of imported products makes no value addition to the products before sale then the most appropriate method to determine the arm's length price is 'Resale Price Method'. |
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| SERVICE - AP HC: Daughter-In-Law a Vital Member of Family and Has Substantial Right to Request CA |
| Thu, 20 Mar 2025 11:54:14 IST |
| AP HC has observed that after a daughter gets married, she becomes an integral part of the family she joins. Conversely, the daughter-in-law, who enters the family, becomes a vital member and has a more substantial right to request compassionate appointments to ensure the welfare of her children. |
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| CIVIL - SC Issues Notice on PIL Seeking Strict Implementation of RPwD Act in Prisons |
| Thu, 20 Mar 2025 11:54:04 IST |
| Supreme Court has issued notice on a Public Interest Litigation (PIL) seeking strict implementation of the Rights of Persons with Disabilities Act, 2016 (RPwD Act) in prisons across the country. |
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