Recent Judgements
In case Navratan Lal Sharma versus Radha Mohan Sharma & Ors. said the details in the initiated the between the two parties compromise, which was recorded by the court under Order 23 Rule 3 of the Civil Procedure Code (“CPC”), 1908 . However, one of the parties did not follow the terms…
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Maintenance Right Of Wife & Children Overrides Creditors’ Claims Under Sarfaesi/Ibc On Husband’s Assets: Supreme Court
In the case of Apurva @ Apurvo Bhuvanbabu Mandal v. Dolly & Ors., the original Family Court order awarded the wife (respondent) a monthly support payment of Rs.6,000/- and Rs.3,000/- for each child. The Gujarat High Court increased the maintenance payment to Rs.1 lakh….
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The case of Jayedeepsinh Pravinsinh Chavda & Ors. Versus State of Gujarat addresses Section 498A of the Indian Penal Code, 1860 (“IPC”) which was brought in 1983. In order to address the serious problem of married women treated with cruelty by their husbands or family members and their relative…..
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In the case between Kabir Shankar Bose vs. State of West Bengal & Ors., the petitioner, under Article 32 of the Indian constitution, challenges the impartiality of the investigation being conducted by the local police on the ground of heightened political tension between two opposing parties….
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In the case, Arjun s/o Ratan Gaikwad vs the state of Maharashtra and Ors, the Supreme Court observed that preventive detention is a harsh action, which cannot be invoked against every slight breach of peace. Instead, the power can be invoked only when the proposed detainee’s action tends to disrupt….
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The Supreme Court, in the case of Kirpal Singh vs Government Of India, has addressed the issue of the applicability of section 14 of the Limitation Act, 1963 to the proceedings of arbitration. In this case, the appellant had incorrectly filed an appeal against the arbitral award before the High Court….
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A Deep Dive Into The Electoral Bond Judgment: Transparency, Democracy, And The Future Of Political Funding In India
On February 15, 2024, the Supreme Court of India unanimously declared the Electoral Bond Scheme (“EBS”) unconstitutional, marking a monumental shift in India’s political landscape. This blog delves into the multifaceted dimensions of this landmark ….
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High Court’s Power To Review Offences Post Charge Sheet In FIR Quashing Petitions
The High Court is not prohibited from exercising its inherent jurisdiction and could still determine whether or not the crimes claimed to have been committed were made out in the first place based on the First Information Report (“FIR”), charge sheet, and other documents…
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Right To Adopt VS. Child Welfare: Unpacking The Delhi HC Judgment On Parental Eligibility
The recent judgment by the Delhi High Court in Debarati Nandee v Union of India & Anr + Connected matters on the adoption of children has sparked debate and introspection. The court ruled that “the right to adopt is not a fundamental right” and upheld regulations…
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Prolonged Separation From Spouse Without Cause Itself Cruelty Under Hindu Marriage Act
The Allahabad High Court’s recent affirmation of a divorce decree highlights the complexities of marital relationships and the legal considerations surrounding them. In the case of Charu Chug Alias Charu Arora vs. Madhukar Chugh, a married couple,…
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‘Saptapadi’ Essential For Validity Of Hindu Marriages
According to the Madhya Pradesh High Court, in Hindu law, a marriage is not considered a contract and cannot be considered legally binding until “Saptapadi” is performed. This statement was made by the Madhya Pradesh High Court in response to a…
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The Right To Reside And Settle In India Cannot Be Claimed By Foreigners
According to the Delhi High Court, foreigners’ fundamental rights are restricted to the protection of their life and liberty under Article 21 of the Indian Constitution, and they cannot claim the right to live and settle in India. “We may also note that a foreign national…
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Jharkhand High Court Upholds Woman’s Duty To Serve Mother-In-Law
At the core of this legal saga lies the recognised traditional duty of Indian women to care for elderly in-laws, as astutely noted by the Jharkhand High Court in the case Rudra Narayan Ray v. Piyali Ray Chatterjee. The court, in its sagacious judgment, not only…
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Supreme Court Advocates Enhanced Compensation Awareness In Hit & Run Cases
The Supreme Court has recently issued important guidelines in S Rajaseekaran v. Union of India and others , to guarantee that victims of hit-and-run accidents are aware of the Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022….
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Protecting Auction Purchasers’ Deposits
The Karnataka High Court recently delivered a significant judgment highlighting the rights of auction purchasers in the case of Kalyanamurthy K vs. State Bank of India. The case revolved around the forfeiture of a portion of the deposit made by an…
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HP Court: Pocso Cases Quashable With Compromise
The Indian judiciary has been actively adjudicating judgments in matters falling under the ambit of the Protection of Children from Sexual Offences Act, 2012 (“POCSO”). The offences under the POCSO Act are not compoundable, as has been rightly held by the courts…
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Bombay high court upholds termination over Facebook posts
In a recent legal development that has significant implications for the intersection of freedom of speech and workplace conduct, the Bombay High Court rendered a decisive judgment in the case of Hitachi Astemo Fie Pvt. Ltd. v. Nirajkumar Prabhakarrao Kadu. The case revolves…
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Delhi Consumer Commission Penalizes Retailer For Unfair Paper Bag Charges
The District Consumer Disputes Redressal Commission (East Delhi) recently fined Lifestyle International Pvt Ltd Rs 3,000. This penalty resulted from a consumer complaint about the retailer’s non-disclosure of a Rs 7 charge for paper carry bags. The verdict underscores the importance….
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Legal Breakthrough: Unstamped Arbitration Agreements Now Enforceable
In a watershed moment for Indian arbitration law, the Supreme Court, through a unanimous decision by a seven-judge bench on December 13, has provided crucial clarity regarding the enforceability of arbitration agreements that lack proper stamping. This ruling…
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Uttarakhand’s Uniform Civil Code, Presidential Seal of Approval: A Landmark in Legal Equality
In a significant stride towards legal reform and societal equality, Uttarakhand’s Uniform Civil Code has received the much-awaited seal of approval from the President of India This move marks a watershed moment not only for the state …
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Service Tax Not Applicable On Ocean Freight: Bombay High Court Ruling
This blog post delves into a recent decision by the Bombay High Court in the case M/s. Sanathan Textile Pvt Ltd. VS. Union of India, which has significant implications for businesses that import goods under cost, insurance, and freight (“CIF”) contracts….
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Constitutional Implications: Supreme Court Invalidates Electoral Bonds Scheme
In any country with a democratic governance framework, the act of the state conducting elections and the people of the country engaging in them is of an inherent democratic nature. It is only through elections that people…
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Delhi High Court Makes Pre-Litigation Mediation Mandatory In Commercial Disputes
In a significant judgment for commercial litigation in India, the Delhi High Court has ruled that pre-litigation mediation is mandatory under Section 12-A of the Commercial Courts Act, 2015 (the Act). This case, title….
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Courts Cannot Rewrite Contracts: Supreme Court Upholds Sanctity Of Agreements
In a landmark judgment, the Supreme Court of India has reaffirmed the principle that courts cannot rewrite contracts entered into by parties. The case, Venkataraman Krishnamurthy and another Versus Lodha Crown….
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Article 136: A Tool For Supreme Court Intrvention In Acquittals
In the dynamic field of jurisprudence, seminal decisions frequently influence the course of legal doctrines and social standards. The State of Punjab v. Gurpreet Singh & Ors. case is a crucial point in time because it ….
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Negotiable Instruments Act: Discretion To Award Interim Compensation
In a recent judgment RAKESH RANJAN SHRIVASTAVA VERSUS THE STATE OF JHARKHAND & ANR, the Supreme Court has clarified that awarding interim compensation under Section 143A of the Negotiable Instruments Act (“NI Act”) is..
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Unravelling The Sita Soren V. Union Of India: A Tale Of Corruption And Legal Repercussions.
In the records of Indian jurisprudence, certain legal battles resonate not only for their legal intricacies but also for the societal impact they leave in their wake. The case of Sita Soren v. Union of India, often dubbed the “bribe case”….
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Secularism at Stake: Supreme Court’s Decision on Citizenship Amendment Rules
In a recent development that has sparked significant debate across the nation, the Supreme Court of India has declined to pass an interim order staying the Citizenship Amendment Rules. This Indian…
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Adverse Possession and Property Ownership: Supreme Court Sets Precedent for Claimants
In the realm of Indian jurisprudence, the case of M. Radheshyamlal v. V Sandhya and Anr. stands as a pivotal milestone, shedding light on the complexities of property rights and familial disputes. a…………
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Understanding Judicial Authority: Supreme Court Ruling on Bail Cancellation
A major decision concerning the revocation of bail was recently rendered by the Supreme Court in the case of Himanshu Shamra V. Union of India, sparking debates and discussions both inside and outside of the legal…
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Consumer Rights Prevails : Panchkula District Commission Holds Amazon Liable For Damaged Product and Failed Refund
In a landmark decision for consumer rights, the District Consumer Disputes Redressal Commission, Panchkula (Haryana) has held Amazon liable for failing to refund a customer for a….
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Upholding Fairness: Supreme Court’s Pronouncement On Equitable Motor Accident Compensation
The recent order by the Supreme Court of India regarding motor accident compensation, particularly in the case of Ravisankar, sheds light on the complicated process of …….
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Supreme Court: Mere Absence, No Reason To Cancel Bail
In a recent judgement, the Supreme Court has shed light on the crucial distinction between granting bail and cancelling it. The case, Krishna Sharma Alias Krishna Kumar Sharma vs. The State of West Bengal .
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An order has been passed by The Hon’ble Supreme Court of India to eliminate the caste or religion of the parties from the court documents while hearing the transfer petition of a family dispute between husband and wife pending.
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Kidnapping for Ransom: Supreme Court Ruling Requires Proof of Threat
Kidnapping for ransom is a serious crime that can cause immense emotional distress to victims and their families. In India, Section 364A of the Indian Penal Code (“IPC”) deals with this specific offense.
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Foundations Of Justice: Exploring Article 14 And Article 21 Of The Indian Constitution
In recent years, landmark legal cases have played a significant role in shaping the socio-political landscape of nations. One such case that has garnered attention and sparked discussions is Manoyara Begum v. Union of India….
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Understanding Your Rights: Using Police Case Diaries In Cross-Examination
In a landmark judgment of Shailesh Kumar v. State of UP, the Supreme Court of India has clarified and strengthened the rights of an accused person during cross-examination. The ruling states that whenever a police officer refers to a case diary to refresh their memory…
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Legal Battle: SC’s Verdict On Patanjali’s Marketing Missteps
On February 27, 2024, the Supreme Court of India issued a significant ruling against Patanjali Ayurved, a prominent Indian company dealing in Ayurvedic products. The court restrained Patanjali from advertising or branding its products as treatments for specific…
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Supreme Court Upholds Labourer’s Rights In Protected Legal Battle
In a landmark verdict, the Supreme Court of India has delivered a resounding message against frivolous litigation and the mistreatment of underprivileged individuals. The case, The State of Rajasthan v. Gopal Bijawat, involved a poor labourer who…
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Unintentional Entanglements: Karnataka Hc’s Verdict On PMLA Case Against Payment Gateway App
In a recent legal development, Razorpay Software Private Limited AND Union of India the Karnataka High Court has made a significant ruling by quashing a Prevention of Money Laundering Act (“the Act”) case against a payment gateway application The case was centred around the app’s…
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Environmental Jurisprudence: The Supreme Court’s Recognition Of Climate Rights
The effects of climate change are increasingly evident through warmer average temperatures and more extreme weather events. There is no doubt that the human activities produces most of all these industrial pollutants, plastic trash, and overuse of fossil fuels, all of which have an ultimate …
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Delhi CM’s Legal Gambit: Implications For Political Accountability
In the complex realm of law and governance, instances frequently occur that draw public attention because of their consequences for politics, governance, or individual rights. One such case is ARVIND KEJRIWAL v. DIRECTORATE OF ENFORCEMENT which has ….
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Defending Brand Identity: Puma’s Victory In Trademark Infringement Case
In the recent ruling PUMA SE v. ASHOK KUMAR TRADING AS R.K. INDUSTRIE by the Delhi High Court in the trademark infringement suit involving Puma, a well-known multinational corporation, signifies a significant legal victory for the company. The court’s decision to award Rs. 3.5 lakh in costs to Puma……..
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Supreme Court Upholds Sanctity Of UGC Norms, Boosts Faculty Rights
The Supreme Court has issued a significant verdict regarding faculty rights in India. A group of educators at Jamia Millia Islamia University were denied permanent positions despite fulfilling selection procedures and possessing UGC-approved qualifications. This case centered on the binding…
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Central Government’s Concerns Post Supreme Court’s Same Sex Marriage Ruling
The Supreme Court of India unanimously held that there was no unqualified fundamental right to marry under the Constitution. The Court also upheld the constitutional validity of Section 4 of the Special Marriage Act, 1954 and Section 4 of the Foreign Marriage Act, 1969 tha….
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Supreme Court Cracks Down On Misuse Of Laws To Harass Spouses
In a significant ruling aimed at preventing the misuse of legal provisions for ulterior motives, the Supreme Court has imposed a cost of Rs. 5 Lakhs on the father of a wife who lodged false cases against his ….
CLARIFYING DISTRICT MAGISTRATE BOUNDARIES UNDER SARFAESI
The Punjab & Haryana High Court’s observation that “District Magistrates concerned are repeatedly breaching the mandate of law” serves as a wake-up call, underscoring the need for a clear understanding of their duties…
Supreme Court Backs Sessions Judge’s Summons In Insolvency Board Dispute
The Insolvency and Bankruptcy Code (“IBC”) was enacted in 2016 to consolidate and amend the laws relating to reorganization and insolvency resolution of corporate persons, partnership firms…….
In a recent judgment titled Mrinmoy Maity versus Chhanda Koley & ors, the Supreme Court of India reiterated the importance of prompt action in legal matters. The case highlights the principle of “delay……..
The Supreme Court issued a significant ruling in the case of Dolly Rani v. Manish Kumar Chanchal, clarifying the legal requirements and sacredness of Hindu marriages as per the Hindu Marriage Act 1955. The Court underscored ……..
Supreme Court Analyzes “Public View” Requirement In Caste Slur Case
In a recent landmark judgment, the Supreme Court of India provided much-needed clarity on the interpretation and application of Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)….
Supreme Court Upholds Gujarat Judge Promotions, Seeks Improvements
The Indian Judiciary constantly strives to maintain a balance between seniority and merit in promoting judges. This principle ensures a well-experienced yet competent bench. The case of Ravikumar Dhansukhlal Maheta ……
Supreme Court Upholds Strict Bar On Legal Recourse For Benami Property Disputes
The recent Supreme Court case of C. Subbiah @ Kadambur Jayaraj and Others vs. The Superintendent of Police & Others offers a fascinating glimpse into the complexities of property transactions and criminal prosecution in India….
Lawyers’ Services Exempted From Consumer Protection Act’s Ambit
The Supreme Court of India, in Bar Of Indian Lawyers Through Its President Jasbir Sigh Malik Vs. D.K.Gandhi Ps National Institute Of Communicable Diseases overruled a 2007 decision by the National Consumer Disputes ….
In Dani Wooltex Corporation & Ors. v. Sheil Properties Pvt. Ltd. & Anr. 2024 INSC 433, the Hon’ble Supreme Court has dealt with the issue of abandonment of claim by the claimant as a ground to terminate…
The Supreme Court of India witnessed a significant legal debate concerning the legality of right of arrest granted to officers under the Customs and Goods and Services Tax (“GST”) Act. The key issue was whether…
Supreme Court’s Stance On Dying Declarations
In Rajendra S/O Ramdas Kolhe Vs. State of Maharashtra, the Supreme Court of India has provided a comprehensive analysis of the principles governing the admissibility and evidentiary value of dying declarations. The apex…
Interfaith Marriage And Personal Laws
The Madhya Pradesh High Court recently delivered a significant ruling concerning the validity of an interfaith marriage between a Muslim man and a Hindu woman. The petitioners, a couple, approached the Marriage …
Supreme Court Delineates Cognizance And Investigation
In M/S Sas Infratech Pvt. Ltd. v. the State of Telangana & Anr., the Supreme Court has once again reiterated the crucial distinction between a Judicial Magistrate taking cognizance of an offense and an investigation …
Supreme Court Upholds Merit-Cum-Seniority Principle For Judicial Promotions
In Ravikumar Dhansukhlal Maheta & Anr. v. High Court of Gujarat & Ors., the Supreme Court of India has upheld the recommendations made by the High Court of Gujarat for the promotion of Senior Civil Judges to the 65% ….
Deadlines Matter- Supreme Court Sets The Record Straight On Land Acquisition Delays
The latest ruling by the Supreme Court in Delhi Development Authority v. Tejpal & Ors. (SLP (C) No. 26697 of 2019) has brought clarity to the contentious issue of excessive delays that affect land purchase procedures in India…
The Supreme Court Charts A New Course In Landlord-Tenant Disputes
The Supreme Court’s recent judgment in the case of Bijay Kumar Manish Kumar HUF vs. Ashwin Bhanulal Desai has shed light on the intricate dynamics of landlord-tenant disputes, particularly concerning the payment of rent…
Retrospective Effect Of Succeeding Changes In Law-Not A Valid Ground For Condonation Of Delay
Recently a bench of 3 Judges the Supreme Court rendered a landmark decision in the case of Delhi Development Authority V. Tejpal & Ors holding that a subsequent change in the law cannot be…
Prolonged Incarceration Violates Article 21: Supreme Court On Bail Provision In NDPS Act
Article 21 of the Constitution of India, 1949 prohibits arbitrary and unlawful detention, ensuring that no person can be detained without proper legal justification or without following due process of law. It stated that a person…
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Breaking Jurisdictional Barriers: Kerala High Court’s Pioneering Guidelines For Cross-Jurisdictional Police Investigations
In today’s digital age, where crimes easily cross geographical boundaries, the issue of jurisdiction in law enforcement has become increasingly complex. Recently, in Noel Joseph v. State of Kerala, the Kerala High…….
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Suprime Court Grants Post-Retirement Benefits To Long-Serving Short-Term Employees
In a significant ruling of ANAND PRAKASH MANI TRIPATHI VS. STATE OF U.P the Supreme Court of India has delivered justice to a group of employees who dedicated over three decades of service, despite…..
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THE NEET-UG QUAGMIRE EXPLAINED
The Center and the National Testing Agency (“NTA”) informed the Supreme Court recently that they had revoked the grace marks granted to 1,563 applicants of the examination NEET-UG, amidst a furious dispute over the exam…..
Supreme Court Fines Madhya Pradesh Government For Denying Appointment To Teacher
In a recent decision, the Supreme Court of India recently imposed a fine of ₹10,00,000 (Ten Lakh Rupees) on the Madhya Pradesh Government for disobeying a High Court order and unjustly denying a valid appointment ….
The Essential Role Of Administrative Enquiry In Cases Against Public Servants
In a recent landmark decision, the Supreme Court of India ruled that the absence of a recommendation by an administrative enquiry precludes taking cognizance of an offence against a public servant under the Schedule ….
Safeguarding Employee Rights: Pension And Gratuity Protections During Criminal Proceedings
In the recent judgement of SHANTI DEVI VS. STATE OF JHARKHAND AND OTHERS, a single judge bench of the Jharkhand High Court rules that the pension and the gratuity benefits for employees cannot be withheld while criminal…
Ensuring Fairness: Section 197 Of Crpc And The Protection Of Police Officials
The single-judge bench of the Hon’ble High Court of Kerala, headed by Justice Ajithkumar, delivered the judgment in the case of “Joji Joseph v State of Kerala & Connected Matters”, subsequently putting the halt on …
Refund Of Stamp Duty Can’t Be Denied On The Ground That Application Was Made Before Ececution Of Cancellation Deed: Supreme Court
The judgment by a two-Judge Bench of the Hon’ble Supreme Court in the case of Bano Saiyed Parwaz v. Chief Controlling Revenue Authority & Ors. comprising of Justice B.R. Gavai and Justice Prashant Kumar Mishra revolv…
Quota Conundrum: Patna High Court’s Ruling On Bihar’s 65% Reservation Policy
While the Constitution of India empowers the government to implement special measures for disadvantaged groups in pursuit of social equity, court rulings on reservation policies frequently emphasize on “merit” and …
Supreme Court Upholds Inter-State Bus Operators’ Rights In Tamil Nadu
The Supreme Court of India has issued an interim order directing the Tamil Nadu government not to obstruct buses registered in other states that hold an All-India Tourist Permit (“AITP”). This decision is significant…
Application Of Doctrine Of Merger: Understanding Its Variability
The Supreme Court of India has declared that Article 142 of the Indian Constitution, 1949 (the “Constitution”) is an exception to the theory of merger and stare decisis in the case of Government of NCT of Delhi.…
The Supreme Court’s Stance On Suspension Of Life Imprisonment Sentences
In a significant decision, Supreme Court of India ruled that the suspension of a life sentence can only be considered only if there is clear evidence that the conviction is unsustainable and the conviction has an opportunity…
Legal Hurdles In Debt Recovery And Understanding The Supreme Court’s Ruling On Sarfaesi Appeals
In the case of Chetan Prabhashankar Joshi vs Board of directors of Pegasus assets reconstruction private limited the Supreme Court declined to provide notice in a petition under Section 18 of the Securitization and Reconstruction…
The National Company Law Appellate Tribunal (Nclat) Ruling On “Certified Copy” For Appeals Under Ibc, 2016
The National Company Law Appellate Tribunal “NCLAT” on May 1, 2024, addressed the critical question in the case of State Bank of India V. India Power Corporation Ltd. (2024) on what constitutes a “Certified Copy” for the …
Upholding Exam Integrity: Neet-Ug 2024 Controversy
The Supreme Court on 23.07.2024, delivered a significant verdict concerning the National Eligibility cum Entrance Test – Undergraduate (“NEET-UG”) 2024. The bench of three judges decided against cancellation and…
Ensuring Equality: Fair Enrolment Fees To Practice Legal Profession In India
The case of Gaurav Kumar v. Union of India has reshaped the landscape of legal education and practice in India, particularly concerning the enrolment fees set by the Bar Council of India (“BCI”) and State Bar Councils….
Private Institutions And Public Law: Supreme Court’s Clarification On Legitimate Expectation
In the case of Army Welfare Education Society, New Delhi v. Sunil Kumar Sharma & Ors. etc., the Bengal Engineering Group and Centre leased land to the Institute of Brothers of St. Gabriel, where St. Gabriel’s…
Court Rules Against Liability of Purchaser for Past Electricity Dues in Liquidation Cases
The present case of Yarn Sales Corporation v. Punjab State Power Corporation Ltd. and Anr. discusses the liability of the purchaser of the asset at the time of liquidation to pay past dues of the ….
The Role Of Pre-Existing Disputes In Insolvency Proceedings
In the case the Chandra Nirman Pvt. Ltd. v. Orient Paper & Industries Ltd., before the NCLAT the Appeal is filed against the order of the Adjudicating Authority dated 01.11.2023 wherein the NCLT dismissed the application under….
Operational Debt And Creditor Rights In Corporate Insolvency
In the case of Vaibhav Aggarwal v. Mr. Sunil Sachdeva and Anr, a Lease Agreement was entered into on August 28, 2016, between the Lessors, Late Shri Ram Prakash Sachdeva and Late Smt. Chand Sachdeva…
Exclusion Of Judicial Delays From Resolution Plan Timelines
In the case of Majestic Auto Ltd. versus Sharan Hospitality Pvt. Ltd. and Anr. , the National Company Law Appellate Tribunal (“NCLAT”) relied on the ground for liquidation of a Corporate Debtor to establish that the…
Corporate Debt Challenges: The Arjun Industries Insolvency Experience
In the case of Ms. Mausumi Bhattacharjee v.Jumbo Chemicals and Allied Industries Pvt. Ltd. and Anr. Corporate Debtor obtained a loan of Rs. 3.67 Crores from Industrial Development Bank of India (IDBI) and…
Loan Recall Notice Date May Not Define Default Under Insolvency Code
The recent judgment by the National Company Law Appellate Tribunal (“NCLAT”) in the case of Milind Kashiram Jadhav vs. State Bank of India (“SBI”) has significant implications in the realm of insolvency law, particularly …
Applicable Foreign Exchange Rate At Different Stages Of The Arbitral Proceedings
The case DLF Ltd. (Formerly known as DLF Universal Ltd.) and Anr. Vs. Koncar Generators, the appellant an Indian company that ordered generator from respondent a Croatian company. Parties entered…
S. 138 NI Act | Once execution of cheque is admitted rate of interest on loan is no Defence: Supreme Court
The Indian legal system continuously evolves and address complex interactions between borrowers and lenders. A recent Supreme Court ruling in the case of Sri Sujies benefit funds limited vs…
Unmarried Daughter’s Right To Maintenance
In Awadhesh Singh vs State Of Uttar Pradesh And 5 Others, the Allahabad High Court clarified the maintenance obligations of a Hindu father towards his unmarried daughter under the Hindu Adoption…
From Flames To Justice: Supreme Court Affirms Dowry Death Conviction
In Jaldhara Propertities and trading Pvt. Ltd vs Sudal Industries ltd. & Anr. The 2021 Amendment Act has resulted in an important decision addressing the priority of insolvency applications under the Insolvency and Bankruptcy…
Right To Custody Of Child Not Lost Just Because Temporary Custody Was Given To A Relative
In Gaurav Kumar Das vs NCT of Delhi and Others, The appellant got married on January 27, 2012. Out of the wedlock, two children- one male children on September 11, 2023 and second child on April 20,2021 were born…
Retaining The Priority Of Ibc Applications For The Pre-2021 Amendment
In Jaldhara Propertities and trading Pvt. Ltd vs Sudal Industries ltd. & Anr. The 2021 Amendment Act has resulted in an important decision addressing the priority of insolvency applications under the Insolvency and Bankruptcy…
Use Of Tartrazine Not An Adulteration Of Food: Supreme Court
The Supreme Court of India has recently determined that the use of the artificial yellow food colouring, Tartrazine, in food items does not constitute an offense under the Prevention of Food Adulteration Act, 1954 (the “Act”)….
Merit-Based Selection And Vertical Reservation Quotas: The Legal Position On Candidates Securing Open Category Seats
In the between Ramnaresh @ Rinku Kushwah and Others v. State of Madhya Pradesh and Others, The present appeals challenge the judgments and orders dated 22nd December 2023 and 12th January 2024 passed…
GSTR-1 Filing Blocked Without Bank Details: New GST Rule Effective From September 1, 2024.
The Goods and Services Tax Network (GSTN) has issued a critical advisory impacting all GST taxpayers. Starting from September 1, 2024, any taxpayer who fails to provide their bank account details to the GST…
Bail Is The Rule & Jail Is The Exception: Supreme Court
In the case between Prem Prakash v. Union of India through the Directorate of Enforcement, the matter at hand involves the commission of fraud and laundering of money regarding how one acre of land was illegally acquired in Ranchi…
Employees Who Have Different Duties & Are Subject To Different Rules Are Not Entitled To Parity Just Because They Meet The Same Qualifications
In Indian Council of Agricultural Research Through the Director General and Anr. V. Rajinder Singh and Ors. The current proceeding pertained to a notice issued by the Indian Council of Agricultural Research to its employees regarding…
‘Stridhan’ Is The Exclusive Property Of The Woman:Supreme Court
The Supreme court ruling in Mulakala Malleshwara Rao & Anr. v. State of Telangana & Anr. case, ‘Stridhan’ is a woman property, and her father does not have the right to seek back Stridhan from the daughter-in-law’s family unless she clearly allows him to do so.
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Data Privacy And Cybersecurity In The Digital Age
In today’s digital world, data privacy and cybersecurity are essential. Data privacy ensures that personal information is handled responsibly and remains under individual control while cybersecurity protects systems and networks from malicious…
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Supreme Court Enforces Strict Online Presence Guidelines For Advocates
The Supreme Court of India recently in the case of Baidya Nath Choudhary vs. Dr. Sree Surendra Kumar Singh, issued a directive emphasizing the ethical practice of marking the presence of advocates during court proceedings. This guideline was prompted by an…
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Supreme Court Clarifies Admission Of Insufficiently Stamped Instruments
Supreme Court in its landmark judgement of Seetharama Shetty v. Monappa Shetty, through bench comprising two judges, elucidated the procedural framework for admitting insufficiently stamped instruments as evidence under the Karnataka…
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Supreme Court Clarifies On Motor Accident Compensation: No Restriction On Awarding Compensation Exceeding The Claimed Amount
In a recent decision of Kavita Balothiya & ors. Versus Santosh Kumar & Anr the Supreme Court of India reaffirmed a key aspect of motor accident claims- there is no restriction on the Motor Accident Claims Tribunal (“MACT”) from awarding…
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Supreme Court Reiterates D.El.Ed. Exclusivity For Primary Teacher Positions
In a recent judgment in Navin Kumar & Ors. v. Union of India & Ors., the Supreme Court of India upheld the Chhattisgarh High Court’s decision to invalidate the appointments of candidates holding a Bachelor of Education (B.Ed.) degree for primary school teaching positions…
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Offensive Language Used In Emails Or On Social Media May Result In Penalties For Demeaning Women’s Modesty: Bombay High Court
In the case between Joseph Paul De Souza vs State of Maharashtra, The Accused and the Complainant’s were residents of the same building and had known each other from 1980 onwards. Over the years, the complainant’s mother…
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Family Court Optimal For Child Custody : Supreme Court
The Supreme Court of India recently in Somprabha Rana & Ors. Vs. The State of Madhya Pradesh & Ors., rendered a pivotal judgment, emphasizing the superiority of Regular Civil Courts or Family Courts over Writ Courts in adjudicating child custody disputes….
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Supreme Court Orders CBI Investigation In The Suspicious Death Of Chhattisgarh Judicial Officer’s Wife
The Supreme Court of India has taken a significant step toward ensuring justice in the case of Mandakini Diwan and Anr. v. The High Court of Chhattisgarh & Ors, by directing the Central Bureau of Investigation (“CBI”) to take over the probe into her mysterious death…
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Supreme Court Clarifies Grounds For Rectifying Company Member Registers
In a recent Judgment of Adesh Kaur v. Eicher Motors Limited and Ors to observe This Court observed that if, on facts, an open-and-shut case of fraud is made out and the person seeking rectification was the victim, the National Company…
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Primacy Of PMLA Over CrPc In Summoning Procedure
In a significant judgment of Abhishek Banerjee and Anr. Vs. Directorate of Enforcement, the Supreme Court of India ruled that the provisions of the Prevention of Money Laundering Act (PMLA), 2002, take precedence over the Code of Criminal Procedure (CrPC)…
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SC Grants Bail To Delhi CM Arvind Kejriwal In High-Profile CBI Case
On September 16, 2024, the Supreme Court of India delivered a landmark judgment in Arvind Kejriwal Vs. Central Bureau of Investigation, granting bail to Delhi Chief Minister Arvind Kejriwal in the ongoing investigation by the Central Bureau of Investigation (CBI)…
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No Title Transfer Without Registration: Sc Rejects Tenant’s Claim
The Supreme Court’s decision in the case of Beena and Ors. Vs. Charan Das & Ors., centres on the principle that no transfer of title in immovable property is legally effective without a registered instrument, as stipulated by the Transfer of Property Act…
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Allahabad High Court Rules: Poker And Rummy Are Games Of Skill, Not Gambling
In a significant ruling, the Allahabad High Court recently reaffirmed that recreational gaming activities such as poker and rummy are games of skill rather than gambling. This decision adds to the growing body of legal opinions classifying these card games as…
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Supreme Court’s Directive To West Bengal: “Formation Of Municipal Building Tribunal”
On Tuesday, September 17, the Supreme Court of India in the case of Custodian of Enemy Property for India v. Md. Yakub @ Md. Yakub Ansari & Ors. issued a strong directive to the State of West Bengal, instructing it to complete the formation of the Municipal…
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Timely Decision On Representations Is Crucial In Cases Affecting Personal Liberty
In the case, Jaseela Shaji v. The Union of India & Ors, The Appellant’s husband was detained on August 31, 2023, under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) for his alleged involvement in hawala…
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Divorce Grounds Do Not Bar Maintenance Delhi High Court
In a significant ruling of Manish V. State Of NCT Of Delhi & Anr., the Delhi High Court recently reinforced the right of a Appellant’s Wife to claim maintenance, even if Appellant’s Wife seeks a divorce after leaving Appellant for valid reasons….
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Supreme Court’s Landmark Ruling On Child Pornography
In a significant judgement of the case Just Rights For Children Alliance Vs. S. Harish, the Supreme Court of India addressed the interpretation of “possession” under Section 15 of the Protection of Children from Sexual Offences Act (POCSO)….
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Post-Expiration Extension Of Time For Arbitral Award
The Supreme Court of India is set to address a pivotal issue in arbitration law. This matter, brought before the Court in a Special Leave Petition (SLP) challenging a ruling by the Calcutta High Court, carries considerable importance due to its potential to reshape….
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Under Section 138 Of The NI Act, A Sole Proprietor Is Liable For The Dishonour Of Checks Issued To Repay Debts
In the case between Sanat Kumar vs Sanjay Sharma. In the year 2016, loan of 25 lakhs is alleged to have been sought against the Complainant by both Accused No.1 and the Petitioner. Two of the cheques issued by Applicant No.1 worth ₹30 lakh currency; were….
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Supreme Court Sets Aside Decree For Specific Performance
In the case between Lakha Singh versus Balwinder Singh & Anr. This is a case of the agreement to sell an agricultural land in the state of Punjab whose ownership is in dispute. On May 7, 2007, the respondent-plaintiff and the appellant-defendant entered into….
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Indian Court Strikes Down Discriminatory Prison Practices : Supreme Court Verdict
In a landmark judgment Sukanya Shantha v. Union of India, delivered on October 3, the Supreme Court of India issued crucial guidelines aimed at preventing the caste-based segregation of prisoners and the division of labour within prisons based on caste….
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Partnership Firms Exempt From Ibc Under Section 95: Nclt Hyderabad
In a significant ruling, the National Company Law Tribunal (NCLT), Hyderabad bench, clarified in the case ,that partnership firms are excluded from the scope of section 95 of the Insolvency and Bankruptcy Code (IBC)(It allows creditors to initiate…
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“No Scheduled Violation In Chargesheet Or Complaint”: Bail Is Granted To Two Accused In A Money Laundering Case By The Supreme Court
In the case between Laxmikant Tiwari v. Directorate of Enforcement. The Appellant was taken into custody about an Enforcement Case Information Report “ECIR” prepared by the Enforcement Directorate ‘ED’ which was filed on September 29, 2022…
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SUPREME COURT REVERSES DISQUALIFICATION OF FEMALE SARPANCH
In a Landmark ruling of MANISHA RAVINDRA PANPATIL VERSUS THE STATE OF MAHARASHTRA & ORS. , the Supreme Court of India recently took a firm stand against systemic gender discrimination within public offices., offering crucial …
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Madras High Court Rebukes Police, Orders CBI Investigation In Minor’s Sexual Assault Case
In a significant ruling of Suo Motu v. Deputy Commissioner of Police and Anr, the Madras High Court has transferred the investigation of a case involving the Sexual Assault of a minor girl from the Tamil Nadu State Police to the Central Bureau of…
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Unidentified Cash Credit In A Bank Account Would Be Considered Income: Chattisgarh High Court
In the case between Shri Dinesh Singh Chouhan vs. The Income Tax Officer, Ward Jagdalpur, the appellant had a cash deposit of ₹11,44,070 in his bank account, which he failed to explain despite multiple notices from the tax authorities…
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Justice Is Blind But Judges Are Not Visionless: Orissa High Court Warns Advocates To Presenting Fake Certificate To Prove Murder Convict’s Juvenile Status
In the case between Jata @ Sanatan Hessa v. State of Odisha. In this case, a person convicted of murder and sentenced to life imprisonment produced forged documents allegedly from a school to the Orissa High Court to support…
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If A Husband And Wife Have Forced Sexual Relations, It Cannot Be Deemed “Rape”: Gauhati High Court
In this case, Md. Farid Ali v. The State of Assam & Anr., An Informant who is the victim’s father registered an FIR registering accusations of kidnapping against the accused persons on August 2, 2014. The victim, was later recovered from the accused’s house…
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Bombay High Court Upholds Tax Exemption For Shirdi Sai Baba Sansthan Trust
In the case of Commissioner of Income Tax vs Shree Sai Baba Sansthan Trust, Shirdi, The Bombay High Court has delivered a significant ruling in favour of the Shri Sai Baba Sansthan Trust, the governing body of the renowned Shirdi Sai Baba Temple…
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State/Central Government Directives Do Not Apply To The State Electricity Regulatory Commission: Supreme Court
In the case between Kerala State Electricity Board Ltd Versus Jhabua Power Limited and Others, the case involves the Kerala State Electricity Regulatory Commission (KSERC), which was directed by the Kerala Government under Section 108 of the Electricity Act, 2003, to…
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In the case between, Omkar Ramchandra Gond v. Union of India & Ors, the case involves a petitioner who was unable to admit himself in an Bachelor of Medicine and Bachelor of Surgery (MBBS) course as he had 40 to 45 % speech and language disability which as per the Graduate Medical Education….
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Even If The First Plea Was Dismissed, The Second Application Under Section 125 Crpc Is Maintainable Without The Right To Resubmit: Allahabad High Court
In the case between Shankh Saxena versus State of U.P. Thru. Prin. Secy. Home Lko. and another, the Allahabad High Court dealt with a husband’s plea challenging the family court’s decision to entertain a second application for maintenance under Section 125 of the code of criminal procedure….
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Confessional Statement Made In Accordance With Section 67 Of The Ndps Act Cannot Be Used Against The Accused
In the case between Saikat Bhatacharyya versus Union of India. In this case, a 25-year-old petitioner was implicated under various sections of the Narcotics Drugs and Psychotropics Substances Act (“NDPS”),1985, after a parcel containing Ganja was seized from a courier company with his mobile number on it….
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In the case of Shyam Narayan Ram vs. State of Uttar Pradesh & Anr., the Supreme Court addressed the application of Section 294 of the Criminal Procedure Code (CrPC), which allows parties in a criminal trial to admit the genuineness of a piece of evidence, thereby dispensing ….
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Public Premises Act Eviction Orders Do Not Preclude Arbitration In Contractual Disputes: Supreme Court
In the case of Central warehousing corporation & Anr. Versus M/s Sidhartha tiles and sanitary Pvt. Ltd., the respondent had entered into an agreement with the appellant wherein the latter would provide adequate room for storage and provide an arbitration clause in case of disputes….
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Compensation For An Air Force Official Who Was Surpassed By A Senior’s Vehicle And Faced Unnecessary Litigation: Supreme Court
In the case of S.P. Pandey versus Union of India & Ors., the Supreme Court heard a case in which the appellant was reproached, and an admonition order was passed against him for overtaking his senior’s vehicle at the railway crossings. He was in the armed forces Tribunal but denied….
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“Apprenticeship Not Equal To Practice”: Delhi High Court
In the case of Ujwal Ghai v. Delhi high court legal services committee, this concern relates to a lawyer (the Petitioner) who applied for a position to the Jail Visiting Panel and sought to be included in the shortlist for empanelment. As an Advocate enrolled on August 13, 2021….
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Madras High Court Calls For Nationwide Ban On Filter Tobacco Products To Protect Minors
In Aunestraja vs State, the Madras High Court has called for an urgent involvement of the Centre in banning filter tobacco products persistently on brands such as the ‘Cool Lip’ which has increased popularity among school-aged minors. This decision was motivated by the bail hearing….
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Advocate Fined 10k By Delhi High Court For “Outrageous Aspersions” Against Judge
In the case of Ravi Kumar vs. Department of Space And Ors., a practicing lawyer filed a series of petitions after being refused a recruitment post of administrative officer in Indian Space Research Organisation (“ISRO”). First, he approached to the Central….
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Under Pocso Act, Sexual Assault Cannot Be Resolved By Compromise
In the case of Ramji Lal Bairwa & Anr. versus State of Rajasthan & Ors., the Court entertained a petition brought by the third party/appellant to the criminal proceedings who challenged the decision of the High Court asserting that heinous crime, especially with regard to minors and sexually related offences,….
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A Restaurant Offense That Does Not Qualify As “House Trespass” Under Sections 442, 452 Of The Ipc: Supreme Court
In the case of Sonu Choudary v. State of NCT Delhi, the case concerned an appellant who stabbed a restaurant owner in the stomach with a knife after the owner refused to serve him water. The appellant was first found guilty of offences under Sections 324 and 452 of the Indian…
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Under The Rule Of Law, Bulldozer Justice Is Unacceptable
In the case of In Re Manoj Tibrewal Akash, As it has been alleged in this instance, a house building situated in the State of Uttar Pradesh was illegally demolished in the year 2019 which could be said to be without due process of law. There was only a Munadi given prior to the demolition without ….
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Mother And Widow Shares Were Reduced As A Result Of The 2005 Amendment That Gave Daughters Equal Rights: Madras High Court
In the case of Vasumathi and Another v R Vasudevan and Others, the case involves two daughters challenging the decision of the Additional District Judge, Coimbatore, which had reversed the partition suit in their favour. The daughters wanted a share in the ancestral property based on Section 6….
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Order Is Not Appealable Under Section 148a(D) Of Income Tax Act, Writ Jurisdiction Can Be Invoked
In the case between Rakesh Agrawal v. Central Board of Direct Taxes and Others, In this case, the petitioner received a show cause notice under Section 148A(b) of the Income Tax Act on 24.03.2024, as the Assessing Officer (“AO”) suspected concealed income for a specific assessment year….
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Consensual Sexual Relations With A Minor Wife Is Rape: Bombay High Court
The case before the Bombay High Court involved a man appealing his conviction for the rape of a minor girl, with whom he allegedly had a relationship. According to the prosecution, the girl, who was below the age of 18, reported that the man had initially engaged in sexual relations with….
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U/S 48 Of The Arbitration Act States That A Foreign Award Cannot Be Refused Enforcement Unless It Is Against Public Policy
In the case between Bulk Trading S.A. Having versus Mahendra Sponge and Power Ltd, the case is about two foreign arbitral awards and their enforcement in Canada which arose from a coal sale contract obligating the respondent to sell 50,000 MT of coal. To fulfil its contractual obligations….
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In the case of Satyendra Singh versus state of Uttar Pradesh & Anr, the case involves a government employee, the Assistant Commissioner in the Commercial Tax Department, was subjected to disciplinary action for alleged misconduct in the past while serving as an officer….
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In the case between LRs. of Dalip Singh and Ors. v State of Rajasthan & Ors., the case revolves around a land sale transaction where the petitioners’ predecessors in title agreed to purchase land in 1986 but the sale deed was not executed until 2003 following a court decree from 1999 for specific….
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In the case of Prashant V. State of NCT of Delhi, the complainant filed a FIR, saying that the appellant sexually exploited her under the false promise of marriage and forcibly engaged in sexual contact with her. She also claimed that the appellant had threatened to harm her family if she continued to have…
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A Widowed Daughter Is Considered To Be A Dependent Family: Allahabad High Court
In the case between Punita Bhatt Alias Punita Dhawan vs Bharat Sanchar Nigam Limited (“BSNL”) New Delhi Thru. Its Chairman Cum Managing Director And 3 Others, the case in question pertains to the compassionate appointment of a widowed daughter to her deceased father’s office…
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In the case between National Health Authority vs M S Intermarc, the case revolves around a contractual dispute where the appellant had issued a tender for the renovation of its office, awarding the contract to the respondent for Rs. 3,14,95,840/- with an 80-day completion deadline, subject to liquidated…
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In the case between Mahesh Damu Khare Vs. The State of Maharashtra, the case arose out of a relationship that apparently existed between the complainant and the appellant for a period of 10 years during which the woman accused the man of having had sexual intercourse with her on…
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In the case between Hetram @ Babli Vs. State of Rajasthan & Anr., the case revolves around an appeal filed by an accused against the High Court’s decision to uphold a summoning application under Section 319 of the code of Criminal Procedure, 1973 (“CrPC”), which was based solely on…
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In the case between Indore Vikas Praadhikaran (IDA) & Anr. Vs Shri Humud Jain Samaj Trust & Anr., the case revolves around a tender notice that was issued by the Indore Development Authority(“IDA”) on July 17, 2020 for lease of land at the rate of ₹21,120 per square meter…
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In the case of Suresh Chandra Tiwari & Anr. Versus State of Uttarakhand, this appeal challenges the conviction for murder of the accused persons with respect to the claim of recovery of some incriminating materials in connection with the purported recovery statement made under section…
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The Supreme Court in its recent judgement Ashok Versus State of Uttar Pradesh, laid down guidelines for lawyers, prosecutors to provide free and compulsory legal aid to the accused, ensuring a fair trial and safeguarding the fundamental rights enshrined under Article 21 of the Constitution of India…
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In the case between X Versus State of Rajasthan, the case involved an appeal filed by a rape victim challenging the High Court’s order granting bail to the accused based on alleged discrepancies in the victim’s FIR and Section 164 of the code of criminal procedure (“CrPC”) statement….
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In case between Mohamed Asaruthin vs State of Tamil Nadu, the case revolves around the rejection of statutory bail applications by accused individuals, who argued that their right to bail accrued upon the expiration of the statutory period, despite the prosecution’s timely filing of extension applications…
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In the case of Parvez Ahmed vs Directorate of Enforcement, the Enforcement Case Information Report (“ECIR”) dated 21.09.2022 is based on an National investment agency (“NIA”) First information report (“FIR”) alleging that the Popular Front of India (“PFI”) and its members…
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In the case of Saba Simran vs. Union of India & Ors, The woman had been carrying the gold jewellery with her while returning to India from Dubai. Upon arrival, the Customs Department seized her jewellery, claiming that it integrated an import and thus, was subject to duty…
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The Case of Ramakant Ambalal Choksi vs Harish Ambalal Choksi & Others emphasize the difficulties in overseeing financial agreements in a family firm. In this case, brothers argue over unfair approach to business funds and claimed breaking of family agreement…
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The Supreme court in the case of Rohit Kochhar vs. Vipul Infrastructure Developers Ltd. & Ors., upheld the decision of a division bench of the Delhi High Court that a suit for specific performance of an agreement to sell should be filed only in a court within whose…
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The case Central Organisation for Railway Electrification v. The Constitution of M/s ECI SPIC SMO MCML is a significant legal case that emerged from a complex dispute involving railway infrastructure, contractual obligations, and judicial interpretation of administrative and contractual….
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