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Courts on Video Conferencing amid COVID-19
Various different High Courts, Tribunals and other forums located across the Indian Territory, such as the High Court of Allahabad, the High Court of Delhi, the High Court of Madras, the National Company Law Tribunal, the Central Administrative Tribunal etc.
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The idea of continuing hearings through video conferencing, even after the COVID-19 Lockdown is lifted, would be impractical.
Bar Council of India The Chairman of the Bar Council of India, Mr. Manan Kumar Mishra, recently wrote a letter to the Chief Justice of India stating that the idea of continuing hearings through video conferencing, even after the COVID-19 Lockdown
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Transfer / Posting of Members of the NCLT
The NCLT and the NCLAT The NCLT vide an office order dated 30th of April 2020 posted/transferred Members of the NCLT to new postings. The members shall move to their new stations of posting pursuant to relaxation of the restrictions on
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A supreme Error- Compensation to the workers
[vc_row][vc_column width="2/3"][vc_column_text][mkdf_dropcaps type="normal" color="" background_color=""]O[/mkdf_dropcaps]On 15th May 2020, in a Writ Petition (WP) filed by the Hand Tools Manufacturers Association (which claims to consist of 52 firms, partnerships and private limited companies engaged in the manufacture and distribution of hand tools) challenging the MHA notification directing employers to pay full wages to their workers during the lockdown, the Supreme Court has passed an interim order directing that “No coercive action shall be taken in the meanwhile” against its members. (A similar order has been passed in another petition filed by Indian Jute Mills Association.) These orders seem to have been passed erroneously and ought to be immediately reconsidered for the reasons stated herein. While invoking the writ jurisdiction of a court, a petitioner is required to come with clean hands and be in compliance of the law at least as per its own contention. It also requires the court to consider the equities between the parties while remaining within the bounds of the law. The court also does not go beyond the prayer made in the petition to grant any further relief. In the event that the court finds that the petitioner is not in compliance of the law even as per its own contention, it would normally forthwith dismiss the petition. At best it would grant it time to comply and only then to consider the petition on merit. Hence, it follows that these petitioners must at least assert (and then to also satisfy the court) that they are indeed in compliance of the law as they perceive it. It is noted from their petition (of the Hand Tools Manufacturers Association) that the petitioners have challenged only that part of the said notification which requires them to pay full wages to their workers during the lockdown. It is not their contention that they should be permitted to retrench workers or to close down in accordance with law. Hence, that contention cannot be advanced and need not be considered. The petition contends inter alia that the Industrial Disputes Act, 1948 prescribes “…payment of 50% wages under similar circumstances” and that “…the Industrial Disputes Act, 1947 is a complete code in so far as the right to lay-off and payment of wages is concerned”. Yet, it is noted that they have not contended that any of them had declared lay-off or that they were actually paying lay-off compensation (“50% wages under similar circumstances”) according to their understanding of the Industrial Disputes Act. Since there is no such assertion, it must be presumed that they have not declared lay-off and that they are not paying any compensation to their workers. It is also noted that the petitioners have impleaded only the Union of India (UOI), the Home Ministry, and the Govt. of Punjab. Let alone the affected employees, there is not even a pretence of impleading any workers union/ association/ federation to represent their interests before the Court. While it is noted that the Solicitor General (SG) was present before the Court when the said order was passed, it may also be recalled that the SG had opposed another petition by an NGO (filed through Harsh Mander) which had sought the enforcement of its very same notification. Hence, the UOI has clearly been running with the hares and hunting with the hounds and does not seem to be keen to enforce the said order. Therefore, the presence of the SG should not have sufficed and the Court should have required the petitioner to at least implead some of the reputed unions or federations of workers before it passed any such interim orders. Indeed, interventions have now been filed by the Trade Union Joint Action Committee, the Trade Union Centre of India and the Hind Mazdoor Sabha.
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INTERIM RELIEF TO HUL AGAINST EMAMI BY BOMBAY HC: ‘GLOW & HANDSOME’
The Bombay High Court on 6th of July, 2020 granted relief to Hindustan Unilever Limited (HUL) and restrained Emami from initiating any legal proceedings against HUL for the use of the trademark ‘Glow & Handsome’ without giving a seven-day prior
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LAWYERS ARE AN INTELLECTUAL CLASS; WE EXPECT MEMBERS OF NOBLE FRATERNITY TO RESPECT THEMSELVES FIRST: SC
“We expect members of the noble fraternity to respect themselves first”, remarked the Supreme Court while dismissing the writ petition filed by a lawyer, Reepak Kansal, alleging 'pick and choose' policy adopted by the Registry. Justice Arun Mishra, who authored
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AMAZON, GOOGLE FACE TOUGH RULES IN INDIA’S E-COMMERCE DRAFT
India’s latest e-commerce policy draft includes steps that could help local start-ups and impose government oversight on how companies handle data. The Ministry of Commerce’s Department for Promotion of Industry & Internal Trade has drafted the policy for at least
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GUJARAT HC: COLOUR BLINDNESS NOT GROUND TO DENY APPOINTMENT TO POST OF POLICE CONSTABLE
The Gujarat High Court on 6th of July, 2020 ruled that candidates could not be sidelined for appointment to the Lok Rakshak Dal (post of armed/unarmed police constable), as per their merit with all consequential benefits, on the ground of
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ALLAHABAD HC REFUSES TO QUASH UNCONSTITUTIONAL FIR REGISTERED BY UP POLICE UNDER SECTION 66A IT ACT
A petitioner approached the Allahabad High Court seeking to quash an FIR registered against him under Sections 3/7 Essential Commodities Act, and Section 66A Information Technology Act (IT Act), stating that the Supreme Court had struck down Section 66A of
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MADHYA PRADESH HC TURNS DOWN REQUEST FOR PRESENCE OF LAWYER DURING SEARCH & SEIZURE BY GST OFFICERS
The bench of Justice Prakash Shrivastava and Justice Vandana Kasrekar of the Madhya Pradesh High Court on Friday dismissed a petition seeking presence of an Advocate during search and seizure under Section 67 of the GST Act, of the Petitioner's
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INTERIM BAIL GRANTED TO UNITECH PROMOTER SANJAY CHANDRA
Promoter and former Managing Director of Unitech Ltd., Sanjay Chandra, who has been in jail for approximately 3 years, was granted interim bail on 7th of July, 2020 by Supreme Court. Accepting his plea for bail on account of both
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TIME EXTENDED BY SUPREME COURT TO IMPLEMENT GRANT OF PERMANENT COMMISSION AND COMMAND POSTS FOR WOMEN OFFICERS IN THE ARMY
The Supreme Court has granted one months’ time to implement the grant of Permanent Commission and Command Posts for eligible women officers in the Indian Army. The 17th of February judgment directed that Permanent Commission should be granted to women
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SC DIRECTS STATES OF UP, UTTARAKHAND, BIHAR, TRIPURA TO FILE AFFIDAVITS IN SUO MOTU MATTER
The Supreme Court on Tuesday directed the states of Uttar Pradesh, Bihar, Uttarakhand and Tripura to file their respective affidavits by Friday in its suo motu case pertaining to the condition of children in protection, juvenile and foster or kinship
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SC: DISPUTES AS TO INHERITANCE OF SHARES CANNOT BE DECIDED IN PROCEEDINGS U/s 241/242 OF COMPANIES ACT, 2013
The Supreme Court has observed that a dispute as to inheritance of shares cannot be decided in proceedings under section 241/242 of the Companies Act, 2013. This case pertains to a dispute of oppression and mismanagement in M/s. Oswal Agro
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KARNATAKA HC TAKES SUO-MOTU COGNISANCE OF DIFFICULTY FACED BY COVID-19 PATIENTS IN GETTING MEDICAL TREATMENT
The Karnataka High Court issued a notice to the state government, Bruhat Bengaluru Mahanagara Palike (BBMP) and central government, after taking suo-motu cognisance of two letters written by Advocates Association of Bengaluru and Advocate P Anu Chengappa highlighting the difficulty
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HAVE RESERVATIONS AGAINST WHATSAPP FOR EFFECTUATING SUMMONS/SERVICE, CENTRE TELLS SC
The Supreme Court initiated a suo motu case pertaining to applicability of extension of limitation period owing to the coronavirus induced lockdown, effectuated from March 23. A bench led by Chief Justice SA Bobde took on record, a consolidated reply
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PLEA SEEKS REVIEW OF SC VERDICT QUASHING 100% ST RESERVATION: ‘JUDGEMENT WILL FURTHER SUPPRESS SCHEDULED TRIBES’
A Review Petition has been filed against the Supreme Court's judgment by which a State Government Order affirming 100% reservation for Scheduled Tribe (ST) teachers in a scheduled area of Andhra Pradesh was quashed. Filed by KV Bharathi Upadhyaya, the
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‘DIRECT CENTRE, STATES TO ARRANGE LOANS UP TO RS 3 LAKHS FOR ADVOCATES’ : BAR COUNCIL OF INDIA MOVES SC
The Bar Council of India has filed a writ petition in the Supreme Court highlighting the financial difficulties faced by lawyers on account of the country wide lockdown. Stating that BCI does not have the funds to help the lawyers in
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KERELA HC: BREACH OF PROMISE TO MARRY AMOUNTS TO RAPE?
KERELA HC: BREACH OF PROMISE TO MARRY AMOUNTS TO RAPE? QUESTION TO BE CONSIDERED IS IF ACCUSED ACTUALLY WANTED TO MARRY OR MADE A FALSE PROMISE ONLY TO SATISFY HIS LUST : KERALA HC The Kerala High Court, while considering a
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KARNATAKA HC STAYS GOVT BAN ON ONLINE CLASSES; SAYS IT VIOLATES RIGHT TO EDUCATION UNDER ARTICLE 21A
The Karnataka High Court on 8th of July, 2020 expressed the prima facie view that State Government orders banning online classes encroached upon the fundamental right to life and education conferred by Article 21 and 21A of the Constitution of
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SC ASKS SOLICITOR GENERAL TO SUBMIT SUGGESTIONS ON PLEA SEEKING CLOSURE OF ASHRAMS BY FAKE BABAS
The Supreme Court on 8th of July, 2020 asked a petitioner seeking shutting down of Ashrams run by “fake babas” to serve the petition upon the Centre in order for them to come up with suggestions regarding the possible course
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SC ASKS RAJASTHAN POLICE TO COMPLETE INVESTIGATION OF DEATH OF NLU JODHPUR STUDENT WITHIN TWO MONTHS
The Supreme Court bench comprising of Justices RF Nariman, Navin Sinha and BR Gavai directed the Rajasthan Police to complete the investigation into the August 2017 mysterious death of Vikrant Nagaich, a 3rd year student at National Law University, Jodhpur,
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‘COLONIAL ATTITUDE OF POLICE NOT ELIMINATED’ : PLEA IN SC SEEKS ENFORCEMENT OF GUIDELINES TO CURB CUSTODIAL TORTURE
In the backdrop of the horrific custodial death of father-son duo Jayaraj and Bennix in Tamil Nadu, a petition has been filed in the Supreme Court of India, seeking elaborate guidelines to ensure prevention of custodial torture. The writ petition
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DELHI UNIVERSITY DECIDES TO POSTPONE EXAMS TILL AUGUST; PETITIONS CHALLENGING DU EXAM NOTIFICATION REFERRED TO DIVISION BENCH OF DELHI HC
The Delhi University has decided to postpone the examinations till August 2020, but has not provided a specific date for the examinations. Upon receipt of this information Single Bench of Justice Prathiba M Singh in a writ petition challenging the
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DOCTOR’S SUICIDE CASE: SC REFUSES TO ENTERTAIN PLEA FOR CANCELLATION OF BAIL TO APP MLA PRAKASH JARWAL
The Supreme Court on refused to entertain a plea seeking cancellation of bail of AAP MLA Prakash Jarwal in connection with the alleged suicide of a doctor in south Delhi in April. On June 24, the Delhi High Court Single
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EDUCATIONAL LOAN CANNOT BE REJECTED SOLELY ON THE GROUND OF UNSATISFACTORY CREDIT SCORES OF APPLICANT’S PARENTS: KERALA HC
The Kerala High Court has held that educational loan cannot be rejected to a student solely on the ground of unsatisfactory credit scores of his/her parents. Justice Anu Sivaraman observed that the repayment capacity of the applicant after his education
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‘Doors Of Justice Cannot Be Closed’ : SC Tells NCLAT Which Stopped Court Work After Its Staff Was Tested Positive For COVID-19
"The doors of justice cannot be closed", remarked the Supreme Court while it asked the NCLAT, which has suspended the court work, to find out a way for online hearing. The bench comprising of Justice Arun Mishra, S. Abdul Nazeer
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Criminal Appeal Against Order Of Conviction Cannot Be Dismissed For Default: Reiterates SC
The Supreme Court recently set aside a Madras High Court order that had dismissed a criminal appeal against an order of conviction for default. The bench comprising Justices Rohinton Fali Nariman, Navin Sinha and BR Gavai agreed with the contention
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SC Nullifies Post-March 31 Sale Of BS-IV Vehicles ; Bars Registration Of Such Vehicles
The Supreme Court recalled its March 27 order which allowed sale of 10% of unsold BS-IV vehicles for ten days after the lockdown, in areas except Delhi-NCR, after noting that the automobile dealers sold such vehicles during the lockdown in
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SCBA Condemns SC Medical & Security Staff Over “Avoidable” Demise Of Adv SK Dhingra Within Sc Premises; Urges CJI To Address The Shortcomings In On Campus Medical Faculties
The Supreme Court Bar Association has passed a resolution, condemning the failure of the Supreme Court security staff and the medical personnel at the NDMC run clinic at the premises, in preventing the "avoidable" demise of Advocate SK Dhingra within
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SC Issues Notice In Plea Filed By AIUDF Challenging Delimitation Exercise In Assam
The Supreme Court has issued notice to the Centre and State of Assam in a plea opposing the delimitation exercise in Assam. The petition filed by Advocate-on-Record Ajit Pravin Wagh on behalf of All India United Democratic Front (AIUDF) challenges
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If Plaint Does Not Disclose Cause Of Action Or Suit Is Barred By Any Law, The Court Has No Option But To Reject The Plaint: SC
In a judgment delivered, the Supreme Court has observed that the provision of Order VII Rule 11 Code of Civil Procedure regarding 'Rejection of Plaint' is mandatory in nature. "It states that the plaint "shall" be rejected if any of
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Lawyer And Law Student Write To Allahabad CJ Seeking CBI/SIT Probe Into Alleged “Fake Encounter” Of Kanpur Gangster Vikas Dubey & Aides
A letter petition has been addressed to the Chief Justice of the Allahabad High Court seeking an independent CBI/ SIT enquiry into the alleged police encounter of gangster Vikas Dubey, who was arrested yesterday from MP's Ujjain, allegedly for killing
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RBI Must Monitor Implementation Of Loan Moratorium Circular; Borrower Entitled To Seek Moratorium As A Matter Of Right For Continuity Of Business : Karnataka HC
The High Court of Karnataka has held that a borrower is entitled to seek loan moratorium on the basis of the Reserve Bank of India's March 27 circular, on the ground that the non-grant of it would affect the continuity
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Madhya Pradesh HC Disposes Pil Against Tik Tok App As ‘Infructuous’
The Madhya Pradesh High Court has disposed of a PIL against TikTok observing that it has become infructuous. One Naman Choubey had approached the court submitted that the mobile application owned by a Chinese firm named M/s. Bytedance is causing
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Madras HC Directs State To Provide Ration Supplies To Migrant Workers Regardless Of Ration Cards
Considering the plight of migrant labourers who are without food, the Madras High Court directed the State Government to provide ration supplies to migrant labourers, after satisfying that they are really migrant labourers, irrespective of whether they have ration cards
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Delhi HC Permits Exclusion Of Students From Online Classes On Failure To Pay Tuition Fee Despite Financial Capacity
The Delhi High Court partially read down the Delhi Government's order restraining private schools from precluding such students from attending online classes, who do not pay tuition fee. In a plea filed by the Queen Mary School Northend, a single
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Delhi HC Stays The Suspension Of A Public School Teacher Who Was Allegedly Removed For Demanding Payment Of Salaries To School Staff
Delhi High Court has stayed the suspension of a public school teacher who was suspended from the position of TGT English allegedly for demanding payment of salaries to teachers and other school staff. While staying the suspension, the Single Bench
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Plea Seeking Termination Of Pregnancy Due To Abnormalities In Foetus, Delhi HC Directs Aiims To Constitute Expert Committee To Examine The Petitioner
Delhi High Court has directed the Dean of All India Institute of Medical Sciences to constitute a Committee of Experts to examine a woman who's seeking termination of pregnancy in the 23rd week due to abnormalities and comorbidities in the
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Writ Petition Maintainable Against Private Bank For Enforcement Of RBI Circular On Loan Moratorium : Karnataka HC
The Karnataka High Court ruled that a writ Petition under Article 226 of the Constitution of India is maintainable against private banks as regards implementation of the loan moratorium announced by the Reserve Bank of India in the wake of
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Delhi Court Has Granted Bail To All The Foreign Nationals Related To Tablighi Jamaat Event
The court of Chief Metropolitan Magistrate Gurmohina Kaur at Saket Court has granted bail to all the foreign nationals upon furnishing a personal bond of ₹10,000 each. In addition to this, the court has also allowed them to move applications
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MP Shashi Tharoor Issues Legal Notice To Kairali TV For Allegedly Associating Him With Prime Suspect In Kerala Gold Smuggling Case
Dr. Shashi Tharoor, Member of Parliament, has issued a legal notice to Kairali TV Malayalam News Channel for broadcasting defamatory and allegedly false claims associating with a prime suspect in Kerala Gold Smuggling case. The Legal notice, which has been
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Karnataka HC Issues Notice To State/Medical Council On Petition Claiming Refusal Of Medical Treatment To Non-Covid19 Patients
The Karnataka High Court issued notice to the state government and the Karnataka medical council on a petition claiming that during the complete lockdown period individual medical practitioners/doctors refused treatment to patients suffering ordinary health issues. A division bench of
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Delhi HC Directs Delhi Govt To Expeditiously Process Application Seeking Compensation For Injury Sustained During Delhi Riots
Delhi High Court has directed the Delhi Government to expeditiously process an application moved for seeking compensation for sustaining serious injury during the Delhi riots. The order has come in a plea moved by Shaan Mohd, who sustained a gun-shot
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Madras HC Issues Notice To IRDAI On Plea Seeking Refund/ Adjustment Of Motor Vehicle Premiums During Lockdown
The Madras High Court recently issued notice to the Insurance Regulatory Development Authority of India (IRDAI) on a PIL seeking refund/ adjustment in the motor vehicle premiums paid by the insurance holders, pursuant to the nation-wide lockdown. The petition has
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[COVID-19] Functioning Of Calcutta HC Suspended Till July 13; J&K HC Closed For Two Days
Judicial and administrative functioning of the Calcutta High Court has been suspended from tomorrow, i.e. July 10, 2020 till July 13, 2020 (Monday), on account of new phase of lock down in the city. Through a notification issued by the
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Delhi HC Directs Centre To File Report On Steps Taken To Ensure Proper Functioning Of DRTs and DRATs During Pandemic
Delhi High Court has directed the Central Government to submit a status report indicating the steps taken by it for ensuring proper functioning of Debt Recovery Tribunals and Debt Recovery Appellate Tribunals during this present pandemic situation. The Single Bench
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‘Registry Working Under Great Difficulty’ : Karnataka HC CJ Reprimands Lawyer For Sending Rude Email Over Listing Of Case
The Karnataka High Court on Wednesday reprimanded an advocate for sending a discourteous email to the registry over urgent listing of a case. Chief Justice Abhay S Oka asked the advocate to appear via video conferencing and expressed strong displeasure
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Centre Publishes Draft Code On Wages (Central) Rules; Invites Objections & Suggestions From Public
The Central Government has published a draft of Code on Wages (Central) Rules, 2020, inviting objections and suggestions from the public. Code on Wages, 2019, which subsumes four existing laws on labour wages - the Payment of Wages Act, 1936;
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“Police Failed To Manage The Situation Appropriately”: Gujarat HC Grants Bail To Migrant Workers Arrested For Uproar Over Delay In Return
The Gujarat High Court on Tuesday granted bail to as many as 25 migrant workers, arrested on charges of murder and dacoity, for their alleged clash with the police personnel on May 17 at Rajkot, over delay in their return
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Kerala Gold Smuggling Case : Swapna Suresh Moves Kerala HC For Pre-Arrest Bail; Says ‘No Connection With Smuggled Gold’
Apprehending arrest by the Customs Department in the case related to smuggling of 30 kilogram of gold through diplomatic cargo dispatched to UAE Consulate at Thrivananthapuram, Swapna Suresh, a woman associated with the Consulate General Office, moved the Kerala High
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GUJARAT HC REFUSES TO DROP DACOITY CHARGES AGAINST ANTI-CAA PROTESTOR FOR ALLEGEDLY STOPPING A STATE BUS & TAKING AWAY ITS KEYS
The Gujarat High Court refused to drop criminal charge of dacoity against Satish Pravinbhai Vansola, who was arrested in connection to anti-CAA protests in December 2019. It was alleged that the Petitioner had forcibly taken away the keys of a
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Covid-19: Karnataka HC Seeks Details From Govt, BBMP on Immediate Medical Assistance To Patients
The Karnataka High Court on Monday directed the State government and Bruhat Bengaluru Mahanagara Palike (BBMP) to submit details of procedures to be followed by patients tested positive for coronavirus to secure immediate medical help. "A writ court cannot interfere
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Physical Presence of Parties Not Needed For Compromise Petition, Mutual Consent Divorce & Acceptance Of Sureties: Karnataka HC
The Karnataka High Court has held that it is perfectly lawful for the courts to record the compromise on the basis of the compromise petitions duly signed by the parties and tendered by their respective Advocates before the court, even
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Vertical Reservation for OBC And EWS Categories Has Been Restored, NLU Delhi Informs Delhi HC
The National Law University, Delhi, (NLU, Delhi) has told the Delhi High Court that it has restored the vertical reservation for Other Backward Classes (OBC) and Economically Weaker Section (EWS) categories in its B.A. LL.B and LL.M programmes by making
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Delhi HC Extends Operation of Subsisting Interim Orders Till Aug 31 Amid Pandemic
In light of the continuing pandemic in Delhi, the Delhi High Court has extended the operation of all the subsisting interim orders till August 31. While taking suo moto cognizance of the issues while exercising its extraordinary jurisdiction under Articles
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Delhi HC Seeks Centre’s Response on Plea to Disclose Names of Persons Arrested by Delhi Police in Riots Cases
The Delhi Police has allegedly violated section 41C of the Criminal Procedure Code by not revealing the names of the persons arrested in connection with the Delhi riots, submitted the counsel for CPI(M) leader Brind Karat before the Delhi High
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Jamia Violence: Delhi HC Directs Centre To File Replies Within 2 Days To Petitions Seeking Independent Probe
The Delhi High Court directed the Central Government to file its reply to all the petitions concerning Jamia violence within 2 days. The Division Bench of Chief Justice DN Patel and Justice Prateek Jalan further directed the Centre to stick
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Mumbai Man Accused of Threatening To ‘Blow Up’ UP CM; Yogi Adityanath Moves Allahabad HC For Regular Bail
The Allahabad High Court has sought the UP Government's response in the bail application of a Mumbai resident who was arrested last month on the allegation of threatening to "blow up" Uttar Pradesh CM Yogi Adityanath. The Petitioner, Kamran Amin
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Failure to Deliver Food Kits in Containment Zones : Karnataka HC Summons BBMP Commissioner And ACS Urban Development Dept
The Karnataka High Court on Monday issued summons to the Bruhat Bengaluru Mahanagara Palike (BBMP) Commissioner and the Additional Chief Secretary of the State Urban Development Department to appear before the court through video conferencing on Tuesday over failure to
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Army Personnel Moves Delhi HC Against ‘Draconian’ Policy Requiring All Members Of Armed Forces To Delete Their Social Media Accounts Including Facebook, Instagram
A petition has been filed before the Delhi High Court against an order of the Director General of Military Intelligence, requiring all personnel in the Indian Army to delete Facebook, Instagram and 87 other social media applications. The petition has
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Madras HC Directs IO To File Status Report In Sealed Cover In Tamil Nadu Custodial Case; Urges Media To Not Conduct “Media Trial”
Taking suo motu cognizance in the recent horrific custodial deaths of a father-son duo in the state, the Madras High Court has appealed to the members of Print, Visual and Social Media not to "misinterpret the proceedings (or) observations" made
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Delhi HC Issues Notice in Plea Challenging The UGC Guidelines on Conferment Of Autonomous Status On Colleges
Delhi High Court has issued notice in a plea challenging the validity of the UGC (Conferment of Autonomous Status upon Colleges and Measures for Maintenance of Standards in Autonomous Colleges) Regulations, 2018, (Regulations) for being ultra vires of the University
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Varavara Rao Challenges SPL Court Order Rejecting Bail on Medical Grounds Before Bombay HC
Varavara Rao, the 81-year-old poet and literary critic from Telangana, accused in the Bhima Koregaon case, challenged the order passed by a special court on June 26 rejecting temporary bail sought on medical grounds, before the Bombay High Court. Judge
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Delhi HC Issues Notice to ECI on Plea Seeking De-Registration of YSR Congress Party
The Delhi High Court issued notice in a plea moved by Anna YSR Congress Party seeking de-registration of Andhra Pradesh's Chief Minister Jaganmohan Reddy's political party called YSR Congress for the alleged unlawful appropriation of the name 'YSR' on its
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Delhi Riots: Delhi Court Denies Bail to AAP Leader Tahir Hussain in Ankit Sharma Murder Case
Delhi Court refused to grant bail to Aam Aadmi Party leader Tahir Hussain in the murder case of Intelligence Bureau Officer Ankit Sharma who was killed during the Delhi riots. Tahir argued that the Crime Branch caused considerable delay in
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Delhi HC Issues Notice in Plea Challenging New Regulations on Packaging and Labelling Under The Insecticide Rules of 2020
Delhi High Court issued a notice in a plea challenging the latest amendment to the Insecticide Rules of 2020 which lays down regulations for packaging and labelling of insecticides. The Division Bench of Chief Justice DN Patel and Justice Prateek
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BHEL Employee Suicide [Sexual Harassment]: SC Issues Notice in Plea Seeking Transfer Of Investigation From Telangana Police To CBI
The Supreme Court issued notice in a plea seeking transfer of criminal investigation from Telangana State Police to the CBI (or any other central agency) in the commission of suicide of a BHEL employee due to sexual harassment at workplace.
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Punjab & Haryana HC: ‘Witness Not Expected to Have Photographic Memory, Variations in Facts/Improvements Natural in Depositions’
The Punjab and Haryana High Court has asserted that in a criminal case, "one cannot be expected to have an eidetic/photographic memory" and that "slight changes in the facts or alleged improvements are bound to happen, being natural…. Natural variations
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‘Status Quo’ Orders Not to be Passed When Prima Facie Case is Not Made Out: SC
The Supreme Court recently set aside a Punjab and Haryana High Court order in a revision petition which directed parties in a civil suit to maintain 'status quo' despite the fact that no prima facie case was made out by
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Former SC/HC Judges, Lawyers Seek Reconstitution of Central Committee for Reforms in Criminal Law to Include Academic Representation, Trial Court Lawyers, Women, Dalits, etc.
Former High Court and Supreme Court Judges, Senior Advocates, Academics and Former Bureaucrats, working with the criminal justice system across the country, have urged the Central Committee for Reforms in Criminal Law not to proceed with the process of recommending
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Madras HC Allows Pvt. Unaided Institutions to Collect 40% ‘Advance Fees’ Pending Resumption of Physical Classes
The Madras High Court allowed all unaided private institutions in the state of Tamil Nadu to collect 40% of the tuition fees as 'advance fees', based on the tuition fees for the academic year 2019-2020. "This advance fee shall be
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CM Advocates Welfare Scheme: Delhi HC Directs Delhi Govt to Fix Dates for Bidding Process, Consider Reopening Registration for Lawyers who Missed the Deadline
Delhi High Court has directed the Delhi Government to start the tender process for the Chief Minister Advocates Welfare Scheme by fixing the opening and closing dates for submitting financial bids before August 7. The Single Bench of Justice Prathiba
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Amended Parole Rule Having Pre-Condition of Convict Returning on Time in Last 2 Releases, Applicable only if Convict is Released Twice: Bombay HC
The Bombay High Court on Thursday quashed and set aside the orders passed by Superintendent of Kolhapur Central Prison rejecting parole to three applicant convicts observing that the amended parole rule which states that convicts whose maximum sentence is above
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Karnataka HC Asks BCI if it has Powers to Relax Requirements of Moot Courts, Internships Amid Covid-19
The Karnataka High Court has directed the Bar Council of India (BCI) to clarify if it has powers to relax rules and if it has been exercised to allow Law Universities to issue alternative guidelines, to dispense the mandatory regulations
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Manipur HC Orders Constitution of Expert Committees to Advise Govt on Covid-19 Action Plan; Dissemination of Information on Spending Capacity, Prevention Measures, etc.
The Manipur High Court on Thursday directed the State Government to constitute a "Committee of Experts" that may advise the government as to the course of action that may be adopted to prevent the spread of Covid-19, after holding regular
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‘Glow & Handsome’ Trademark Dispute: Bombay HC Dismisses Emami’s Appeal Against Interim Relief to HUL
The Bombay High Court dismissed an appeal filed by Emami Limited against an ex-parte order passed in favour of Hindustan Unilever Limited restraining Emami from initiating any legal proceedings against HUL for use of the trademark 'Glow & Handsome' without
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Karnataka HC Directs Govt to Immediately Constitute Expert Team of Doctors to Inspect Hospitals Dealing with Covid-19 Cases
A division bench of Chief Justice Abhay Oka and Justice Alok Aradhe, referring to the Supreme Court order dated June 19 which directed all states to constitute the committee within one week, said "Such an expert team must be constituted
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Anti- CAA Protests: Gauhati HC Grants Bail to Akhil Gogoi in Three Cases
Pained by the "callousness" of the Department of Legal Affairs in abiding by the provisions of the Right to Information Act, 2005, the Central Information Commission instructed the authority to convene periodic conferences/ seminars to sensitise and educate its officials
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CIC: ‘Pained to Observe that Dept. of Legal Affairs which Advises Ministries on Legal Matters Faulted in Recognising the Basic Issues Pertaining to RTI Act’
Pained by the "callousness" of the Department of Legal Affairs in abiding by the provisions of the Right to Information Act, 2005, the Central Information Commission instructed the authority to convene periodic conferences/ seminars to sensitise and educate its officials
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Delhi Police’s Press Note Publicizing Allegations Prejudices Right to Fair Trial, Argues Devanga Kalita as Delhi HC Reserves Order
The Delhi High Court reserved order in a plea moved by Pinjra Tod member Devangana Kalita demanding Delhi Police to withdraw its Press Note wherein Kalita has been alleged of 'actively hatching a conspiracy to cause riots in Delhi. The
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Most Provisions of Consumer Protection Act to Come into Force on 20 July 2020
The Central Government has issued a notification by which it appoints the 20th day of July, 2020 as the date on which the many provisions of the Consumer Protection Act , 2019 shall come into force. Last year, the Parliament
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Bombay HC Rejects PIL Seeking Inclusion of Services Rendered by Lawyers in the Category of “Essential Services”
The Bombay High Court rejected the criminal writ petition filed by an advocate seeking declaration of services rendered by lawyers as essential service and thus exempt lawyers from restrictions imposed with regard to movement of traffic during lockdown. Division bench
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NGT Directs NTPC Power Plant to Deposit 10 Crore Interim Compensation for Dumping Fly Ash in Rihand Reservoir
The National Green Tribunal directed NTPC Vindhyachal Super Thermal Power Station, situated in Madhya Pradesh, to deposit a sum of Rs. 10 crore with the State Pollution Control Board, towards interim compensation for environmental damage. The direction has come in
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Bombay HC Grants Bail to Stepfather Accused of Sexually Assaulting Minor Step-Daughters
The Bombay High Court allowed a bail application filed by Makrand Bapardekar who has been accused of sexually assaulting his step-daughters, one of whom is a minor, in an FIR registered with Andheri Police station following a complaint filed by
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‘It Would Be Impossible to Deal with Infection on Track’: J&K HC Directs Shrine Board, Govt To ‘Urgently Decide’ on Amarnath Yatra 2020
The J & K HC required the Shri Amarnath Shrine Board and the UT Government to urgently take all decisions regarding the conduct of the Amarnath Yatra, in compliance of the top court's decision of July 13, taking into consideration
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Press Note Against Devangana Kalita was a Proportional Response to the Allegations of Communalization of Police: Delhi Police Informs Delhi HC
Delhi Police has informed the Delhi High Court that the press note released by the Deputy Commissioner of Police, highlighting the allegations of conspiracy of instigating Delhi riots against Devangana Kalita, was a proportional response to the allegations made by
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Ex-Catholic Priest Jailed for Rape of Minor Girl Seeks Sentence Suspension to Marry Survivor
In a bizarre and appalling move, Robin Vadakkumchery, a former priest of the Roman Catholic Church, currently in jail for raping a minor girl four years ago, has moved the Kerala High Court seeking suspension of his sentence for two
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Karnataka HC Sets Aside Condition Requiring Organ Donor to Obtain Consent From Her Estranged Father for Transplant
The Karnataka High Court has set aside a condition imposed on an organ donor by the State Level Authorization Committee for Organ Transplant, requiring her to furnish the consent of her "estranged father" for the intended kidney transplant. While directing
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Plea in Allahabad HC Against UP’s “Name-And-Shame” Ordinance
A PIL has been filed before the Allahabad High Court, challenging the constitutional validity of the Uttar Pradesh Public and Private Property Damages Recovery Ordinance, 2020 (Ordinance). The petition has been filed by two practicing Advocates of the High Court
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MHA Order Directing Employers to Pay Wages During Lockdown, Not Applicable to Workers Who Were Unemployed or Unpaid Before the Lockdown: Bombay HC
Bombay High Court has held that order passed by the Union Ministry of Home Affairs under the Disaster Management Act directing all states and union territories to ensure that all the employers shall make payment of wages to their workers
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Allahabad HC Dismisses Plea Seeking Judicial Probe Into Alleged Encounter of Kanpur Gangster Vikas Dubey as Infructuous
The Lucknow bench of the Allahabad High Court on Monday dismissed a petition seeking Judicial probe into the alleged encounter of Kanpur Gangster Vikas Dubey, noting that the UP Government has already taken steps in that direction. The UP Government
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Draft Transgender Persons (Protection of Rights) Rules, 2020, Published
Central Ministry of Social Justice and Empowerment has published a draft of the Transgender Persons (Protection of Rights) Rules, 2020, in the official Gazette calling for suggestions and objections from the public. The Parliament passed Transgender Persons (Protection of Rights)
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Madhya Pradesh HC Unveils “MP Domestic & International Arbitration Centre”
The Madhya Pradesh High Court recently inaugurated the "Madhya Pradesh Domestic & International Arbitration Centre", for providing speedy and timely justice and to enhance the ease of doing business. The Centre, first of its kind in the state, was unveiled
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State to Release Rs 5 Crores For Benefit of Advocates & Clerks, Karnataka Govt Tells HC
The State Government has decided to release an amount of Rs 5 crore for the benefit of Advocates and Advocates clerks who are in distress and need financial assistance due to closure of courts, submitted the Government Pleader before the
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As Paytm Continues to Complain Phishing , Delhi HC Grants 6 Weeks To TRAI to Show Action Taken Against Non Implementation of TCCCPR Regulations
Delhi High Court has granted six weeks to Telecom Regulatory Authority of India to show action taken to ensure compliance with the Telecom Commercial Communication Customer Preference Regulation (TCCCPR), 2018. TCCCPR Regulations make it mandatory for every telecom operator to
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SC Issues Notice on Plea to Allow Advocates to Advertise, Take Up Other Works
The Supreme Court on Tuesday issued notice in a plea seeking issuance of directions to the Bar Council of India to permit use of advertisements for lawyers till March 2021, allow public listings so that other para-legal work can be
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Privileged Attorney-Client Communication Taking Place Virtually on Third Party Apps Shall Be Protected, Plea Moved in Delhi HC
A plea has been moved in the Delhi High Court seeking the constitution of an Expert Committee to make rules in order to protect privileged communication between an attorney and her client which is currently taking place virtually through third
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Kerala HC: Lockdown Restrictions also Applicable to Political Parties & Associations
A Chief Justice led division bench of the Kerala High Court has clarified that the directives issued by the Centre and the State Governments restricting social gatherings in view of the Covid-19 pandemic, are equally applicable to political parties and
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Calcutta HC Orders Postmortem of 18 Years Old Covid-19 Suspect who Died Due to Medical Negligence
The Calcutta High Court directed the state Government to conduct an autopsy on the body of an 18-years old boy, suspected to have suffered from Covid-19 and allegedly denied appropriate medical treatment. The Court has further ordered the Government to
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J&K HC Summons Home Secretary over E-Connectivity Issues: ‘Access to Justice a Fundamental Right’
The Jammu and Kashmir High Court has summoned the Home Secretary of the J&K Government to apprise the court about the "impact of the restrictions on e-connectivity" of the courts. The Court was hearing a suo moto case concerning the
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Delhi HC Grants Time to Prosecution to Reply to Shashi Tharoor’s Plea Seeking Copies of Sunanda Pushkar’s Tweets
The Delhi High Court granted more time to the prosecution to file its reply on merits in a plea moved by Dr. Shashi Tharoor seeking copies of tweets posted by Sunanda Pushkar moments before her death. The Single Bench of
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‘Magistrate Perceived Her Disoriented State of Mind as a Personal Affront’: Lawyers From Across The Country Appeal to Patna HC CJ To Intervene in Remand of Rape Survivor
A group of lawyers from across the country have written a letter to the Chief Justice of the Patna High Court, pressing on the need for urgent and systemic changes in the treatment of survivors of violent sexual crimes in
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Juvenile Justice Act: Grant of Bail, the Norm, Says P&H HC While Reprimanding JJB Head For ‘Uncaring, Inept’ Denial of Bail
The Punjab and Haryana High Court on Monday rapped the Presiding Officer of a Juvenile Justice Board, stating that an "uncaring and inept discharge of functions" by judicial officers entrusted with the duty of giving effect to a "welfare legislation"
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COVID-19 Test Not Mandatory for All Pregnant Women Before Delivery: Delhi Govt Tells Delhi HC
The Delhi Government has informed the Delhi High Court that it is not mandatory for all pregnant women to undergo testing for COVID-19 prior to their delivery. The information was given before the Division Bench of Chief Justice DN Patel
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Money Laundering an Act of Financial Terrorism, Poses Threat To Sovereignty, Integrity Of Nation: Orissa HC
"The offence of Money Laundering is nothing but an act of financial terrorism that poses a serious threat not only to the financial system of the country but also to the integrity and sovereignty of a nation", observed the Orissa
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Plea Seeking Protection of Privileged Attorney-Client Communication Taking Place Virtually on Third Party Apps, Delhi HC Asks Concerned Authority to Consider Plea as Representation
Delhi High Court has directed the Petitioner to make a representation before the concerned authority in a plea seeking protection of privileged attorney client communication taking place virtually on third party apps. The Division Bench of Chief Justice DN Patel
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1. In An Interim Measure, Bombay HC Directs State To Prefer Govt Officials Over Private Individuals As Administrators Of Gram Panchayats
As elections in 14,000 gram panchayats across the State of Maharashtra have been deferred due to the Covid-19 pandemic, the Bombay High Court while hearing a batch of petitions filed on behalf of gram panchayats across the State, in an
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Clarify Your Stand On The Requirement Of Doctor’s Prescription For COVID Testing: Delhi HC Directs ICMR
Delhi High Court has directed the Indian Council Of Medical Research to file an affidavit stating its stand on the requirement of a doctor's prescription for testing of COVID19. The said direction has been issued by the Single Bench of
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SC Issues Notice In Anti-Sikh Riots Convict Sajjan Kumar’s Interim Bail Plea
The Supreme Court issued notice in in the interim bail plea of Ex-congress MP Sajjan Kumar, convicted and serving a life sentence in a 1984 anti-sikh riots case. A bench of Chief Justice SA Bobde, Justices AS Bopanna & V.
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J&K HC Grants Interim Protection To Woman Allegedly Threatened For Religious Conversion
The Jammu and Kashmir High Court allowed the protection petition of a woman, allegedly being threatened by her family members and relatives, for having converted her religion/faith to Islam. The single-judge bench of Justice Ali Mohammad Magrey has granted interim
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Religare Finvest: Delhi HC Grants Bail To Shivinder Mohan Singh
The Delhi High Court granted bail to Fortis Healthcare promoter Shivinder Mohan Singh in a money laundering case against him. The Single Bench of Justice Anup Jairam Bhambhani has directed Shivinder Mohan Singh to furnish a personal bond of ₹1
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‘Victim’ Under SC/ST Act Includes Parents & Family Members Of Person Suffering Injuries Of The Crime : Karnataka HC
The Kalaburagi bench of the Karnataka High Court observed that a victim under the SC/ST Atrocities Act includes not only the person who sustains injuries arising out of the crime but also his parents and family members. The directions were
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[Babri Masjid Demolition] Witnesses Deposed Against Me Under The Influence of CBI: Murali Manohar Joshi Tells Spl Court
Dubbing prosecution witnesses in the Babri mosque demolition case as liars , Veteran BJP leader Murli Manohar Joshi on Thursday asserted before a special CBI court that he was innocent and implicated in the case by the then Congress government
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[Police Brutality During Lockdown]: Four Policemen Who Assaulted Deceased Man Identified Through CCTV Footage; State Informs Bombay HC
In a significant development, the State has informed the Bombay High Court that four policemen who assaulted a 22-year-old man in Vile Parle on March 29 during lockdown, have been identified through CCTV footage. Division bench of Chief Justice Dipankar
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Plea Before Delhi HC Seeks Action Against Hamdard Hospital For Terminating 84 Nurses
A petition has been filed before the Delhi High Court seeking for appropriate action against HAH Centenary Hospital of Hamdard Institute of Medical Sciences and Research (HIMSR) for terminating the service of 84 staff nurses for having raised concerns in
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Central Govt. Establishes Central Consumer Protection Authority
The Central Government has established the Central Consumer Protection Authority with its headquarter at New Delhi, with effect from 24th July 2020. Central Consumer Protection Authority [CCPA] is a national level regulator dealing with matters relating to violation of rights
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‘Victim’s DNA Report Not Matching: No Ground To Rule Out Involvement In Crime, P & H HC Denies Bail To Gang-Rape Accused
"Merely because the DNA report (of the rape victim) does not match with the petitioner cannot be termed to be a circumstance to conclude that the petitioner is not involved in the crime", observed the Punjab and Haryana High Court
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Uttarakhand HC Modifies Its Earlier Judgment Setting Maximum Noise Limit For Loudspeakers
The Uttarakhand High Court has modified a directive issued in its 2018 judgment setting maximum noise level for loudspeakers. In the said judgment, the state was directed to to ensure that no loudspeaker or public address system shall be used
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Arbitration: 2019 Amendment To Section 29A Timeline Has Retrospective Effect From 23 October 2015, Holds Delhi HC
Infusing clarity on the applicability of the amended Section 29A of the Arbitration and Conciliation Act, 1996, ("the Act"), the Single Judge of the Delhi High Court ("Court") in the case of ONGC PETRO ADDITIONS LIMITED vs. FERNS CONSTRUCTION CO.
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Madras HC Directs To Invoke Prevention Of Corruption Act Against Police Officials “Fleecing” Convicts Coming Out On Parole
The Madras High Court recently pulled up the state prison authorities on being intimated that the police officials accompanying the convicts coming out on parole are taking money in the name of charges from the latter's families. "If it is
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Court Orders Further Investigation Into the Alleged Rape of a 10 Year Old Child by Local BJP Leader
Recently, in an infamous rape case which shook the political sphere of Kerala, the Court ordered the Crime Branch-Crime Investigation Team (CB-CID) to further investigate the charges against the accused Kuniyil Padmarajan after a petition was filed by the mother
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Mother Publishing Video Of Children Painting On Her Nude Body : Kerala HC Prima Facie Says Its Use Of Child For Sexual Gratification
Rejecting the argument of controversial Kerala activist Rehana Fathima that she published the video showing her children draw paintings on her naked body with the aim of imparting sex education, the High Court of Kerala on Friday dismissed her application
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Delhi HC Recommends Centre To Consider Having A Dedicated Helpline For Grievances Of Nurses In Private Clinics
Delhi High Court has recommended the Central Government to consider having a dedicated helpline for addressing the grievances of the nurses working in private clinics. The Division Bench Chief Justice DN Patel and Justice Prateek Jalan, however, refused to entertain the
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Welfare Of Law Students Is Also A Matter Of Public Interest As Far As The Institution Of Judiciary Is Concerned : Karnataka HC
The Bar Council of India informed the Karnataka High Court that it has constituted a sub-committee to address the issue of how mandatory regulations for all final year students of Five Year Law Course, to engage themselves in moot courts,
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Homeless Mentally Ill Persons Should Be Allowed To Get Tested For COVID19 Even Without Identity Proof, Delhi HC Directs Delhi Govts. To Consider The Issue
Delhi High Court has granted a week's time to both the Central as well as the Delhi Government to decide as to whether the testing facilities for COVID19 can be extended to homeless mentally ill persons without demanding identity proof.
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Karnataka HC Asks Govt To Explain If Cauvery Calling Project Was Approved By State
The Karnataka High Court directed the State government to file a proper supplementary statement in two weeks explaining whether it had approved the 'Cauvery Calling' project proposed by Sadhguru Jaggi Vasudev's Isha Foundation. Additional Advocate General Subramanya R, orally told
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“Legitimacy Of Relationships Is Of No Consequence Viz-a-viz Their Right To Life And Liberty”: P & H HC Grants Police Protection To Same-Sex Live-in Couple
"Social ethos, outlook and the philosophy appear to be evolving amongst gay couples so as to gather courage and openly come out of their closets", observed the Punjab and Haryana High Court on Monday. Justice Arun Monga noted that "even
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Gujarat HC Grants Custody of Infant Twins to their Mother Dismissing Allegations of Affairs and Homosexual Relations Against Her as Irrelevant
The Gujarat High Court while granting a mother with the custody of her twin infants suggested that there must be some limit to the nature of allegations that can be put forth against a mother filing for the custody of
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Direct Labs/Hospitals to Inform Persons Who Come for COVID-19 Test to be in Home Quarantine Till Results: Karnataka HC to Govt
Observing that the State and Bruhat Bengaluru Mahanagara Palike (BBMP) should take all possible steps to reduce time required for making available Covid-19 test reports, the Karnataka High Court on Monday directed the state to issue directions to laboratories and
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‘Minor Girl Sold to Family in Rajasthan’: Tripura HC Closes Suo Moto PIL Based on ‘Positive Stands’ Taken by Authorities
The Tripura High Court on Friday closed the suo-moto PIL registered against the plight of a minor girl aged about 14 years, native of North Tripura, who was sold to a family in Rajasthan due to abject poverty of her
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Delhi HC Issues Notice in Plea Seeking Direction to PMC Bank to Allow its Depositors to Withdraw up to ₹5 Lacs In Light of COVID19
Delhi High Court has issued notice in a plea seeking a direction to be issued to the Punjab & Maharashtra Cooperative Bank (PMC Bank) to allow its depositors to withdraw up to Rs. 5 lacs in light of medical emergencies
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Inclusion of Biological Mother’s Name in Passport Instead of Step Mother’s Would Not Cause any ‘Prejudice’: P&H HC
The High Court of Punjab and Haryana directed the Regional Passport Office to allow an applicant's request for inclusion of her biological mother's name in her passport, instead of her step-mother's name. The bench of Justice BS Walia allowed the
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Delhi HC Adjourns Riots Cases Hearing till July 27; Says, No Further Time For Reply
The Delhi High Court adjourned the hearing of a batch of petitions seeking proper investigation into the Delhi Riots, after directing the parties to complete the supply of documents on each other. Solicitor General Tushar Mehta told a division bench
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Madras HC Denies Interim Relief to Cooperative Banks Against 2020 Ordinance Subjecting Them to RBI Supervision
The Madras High Court refused immediate interim relief to cooperative banks which have challenged the Centre's ordinance bringing them under the purview of the RBI. The two petitioners before Chief Justice A. P. Shah and Justice Senthilkumar Ramamoorthy have pitched
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How Many Prisoners in Last 3 Years Were Not Released Within 24 Hours of Being Granted Bail, Delhi HC Directs DG (Prisons) to Conduct Inquiry and Submit Report
Delhi High Court has directed the Director General (Prisons) to conduct an inquiry as to on how many occasions were the prisoner not released within 24 hours of being granted bail by a competent court, for reasons not attributable to
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‘Courts, With Dockets Already Over-Flowing”‘: P & H HC Restricts Filing of Multiple Writ Petitions on Similar Cause of Action
The Punjab and Haryana High Court restricted the practice of filing multiple writ petitions with regard to the same or similar cause of action. Noting that "the dockets of the Courts are already over-flowing", Justice Anil Kshterpal opined that the
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Testing has Been Recommended for Eligible Individuals Coming With Due Prescriptions of Doctors: ICMR Informs Delhi HC
Indian Council of Medical Research has informed the Delhi High Court that it has recommended testing for only those eligible individuals who are coming with due prescriptions of doctors. The clarification was provided to the Single Bench of Justice Navin
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SC Upholds BCI’s Order Dismissing Complaint Against Lawyer Alleging Professional Misconduct
The Supreme Court upheld an order passed by Bar Council of India dismissing a complaint alleging professional misconduct by a lawyer. Bindu Kumar Mohanlal Shah was the counsel for defendant in a suit filed by one Harmanbhai Umedbhai Patel against
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1. Administrative Tribunal Not An ‘Alternative’, But The’Only’ Forum For Service Matters : Delhi HC
In a recent decision, the single bench of the Delhi High Court held that, in service matters the High Court lacks original jurisdiction under Article 226 of the Constitution. The bench of Justice Jyothi Singh, by placing reliance on the landmark
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MP From Andhra Pradesh Alleges Threat From His Political Party, Seeks CRPF Protection: Delhi HC Issues Notice
Delhi High Court has issued notice in a plea moved by Member of Parliament from Andhra Pradesh, Kanumuru Raghu Rama Krishna Raju, seeking CRPF protection as he's allegedly facing threats from his own political party YSR Congress. The Single Bench
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Wife’s Repeated Refusal To Return With Her Husband Is A Mitigating Factor At The Time Of Sentencing: Tripura HC [Acid Attack]
The Tripura High Court on Monday reduced the sentence of a man, convicted for throwing acid on his wife, while holding that his frustration, caused due to the wife's refusal to return with him to their matrimonial house, was a
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Muzaffarpur Shelter Home: Delhi HC Issues Notice In Brajesh Thakur’s Appeal Against His Conviction For Gang Rape
Delhi High Court has issued notice in criminal appeal moved by Brajesh Thakur against his conviction for gang rape in Muzaffarpur Shelter Home case. The Division Bench of Justice Vipin Sanghi and Justice Rajneesh Bhatnagar has issued notice to the Central
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E-Commerce Websites Required To Declare Country Of Origin Of Products Sold By Them: Centre Tells Delhi HC
The Central Government told the Delhi High Court that under the Legal Metrology (Packaged Commodities) Rules, 2011, the e-commerce websites are mandatorily required to declare the country of origin of the products sold on their portals. The information was provided
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[Kerala Gold Smuggling] Kerala HC Dismisses Plea Seeking Investigation Against Kerala CM & His Former Secretary
The Kerala High Court dismissed a PIL seeking CBI/ NIA investigation in the Kerala Gold Smuggling scam, Sprinklr Deal, BevQ App. scam and e-Mobility Consultancy scam, allegedly involving Chief Minister Pinarayi Vijayan and former Principal Secretary M. Shivashankaran. The Petitioner,
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In Democracy, If Atrocity Committed By Police Against An Advocate, What Would Be Fate Of General Citizen: Asks AP HC
"In a democratic state, if such an atrocity is committed by a government functionary against an advocate, who is an officer of the court, it is difficult to perceive the fate of the general citizen", observed the Andhra Pradesh High
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Rajasthan HC Sets Aside Single Judge Order Directing Fresh Counselling for Medical PG Admissions in the State
A Chief Justice led division bench of the Rajasthan High Court quashed the order of a single-Judge, directing the state Government and NEET, PG Medical Counselling Board, to conduct fresh round of counselling for admissions to PG seats in the
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‘In Light of COVID-19 Magistrates Should Not Demand Physical Presence of Juveniles for Recording Statements’, Delhi HC Issues Notice in Plea Moved By Bachpan Bachao Andolan
Delhi High Court has issued notice in a plea asking the court to direct that the statements under Section 164 of the Criminal Procedure Code of 'children in need of care and protection' shall be recorded by the Magistrate through
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Delhi Riots: Delhi HC Reserves Order in Ishrat Jahan’s Plea Challenging The Extension Granted To Delhi Police For Completing Investigation Against Her
Delhi High Court has reserved order in a plea challenging the order dated 15/06/20 passed by ASJ Dharmender Rana wherein the police was granted an extension of 60 days to complete investigation in cases pertaining to Delhi riots against Congress
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Karnataka HC Rejects Petition Seeking to Move Covid-19 Testing Laboratory Situated in Residential Area
The Karnataka High Court refused to entertain a public interest litigation filed by two residents seeking directions to the authorities to shift or close down a covid-19 testing laboratory in their vicinity. A division bench of Chief Justice Abhay Oka
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Over 250 Members of the Bar Endorse Representation Seeking to Resume Physical Hearing with Safety Measures Before Bombay HC Chief Justice
A representation has been made before the Chief Justice of the Bombay High Court endorsed by over 250 members of the bar including some senior advocates asking for physical hearings to be resumed or in the alternative have regular hearings
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Conception of Pregnancy Post Tubectomy Not Medical Negligence: P & H HC
The Punjab and Haryana High Court has held that the doctor performing tubectomy, at the time of child delivery, cannot be attributed medical negligence merely because the patient was not explained that the tubes would regress to their normal size
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NCLAT Dismisses HDIL’s Appeal; Gives Go Ahead to Initiate Insolvency Proceedings
The National Company Law Appellate Tribunal (NCLAT) has upheld the order passed by NCLT, Mumbai Bench, against the real estate giant Housing Development & Infrastructure Limited (HDIL) for initiation of insolvency proceedings under the Insolvency and Bankruptcy Code 2016 (IBC).
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Time Limit for Availing Transitional Input Tax Credit Under GST Mandatory: Madras HC
The Madras High Court has ruled that the time limit for availing Transitional Input Tax Credit (ITC) is mandatory in nature, not directory. The Court also observed that the ITC is a form of concession not a property, in which
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Clarify If Use of Aarogya Setu App is Mandatory for Accessing Public Services: Karnataka HC to Centre, State
The Karnataka High Court on Monday asked the Central and State governments to make their stand clear on whether persons who have not downloaded Aarogya Setu Application will be allowed to access services or facilities provided by the government. A
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Delhi HC Rejects Scriptwriters Plea for Injunction on Release of Film Lootcase on Hotstar
The Delhi High Court has reaffirmed that there can be no Copyright in an idea/ theme. Holding thus, it refused to pass an injunction order, restraining the release of Film 'Lootcase' on Hotstar, hours before its scheduled release on July
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BCD Writes to LG Against Levy of Professional Tax on Lawyers, Charge Of Property Tax On Offices At Higher Rate As ‘Business Buildings’
The Bar Council of Delhi has approached the NCT's Lieutenant Governor, raising the concern that the South Delhi Municipal Corporation has proposed to levy professional tax on lawyers, besides other self-employed professionals such as doctors, architects, chartered accountants. The proposal
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Delhi HC Issues Notice on Challenge to Centre’s Notification Of IBC Part III Only as Regards Personal Guarantors to Corporate Debtors
The Delhi High Court issued notice on a plea challenging the November 15, 2019 gazette notification bringing into effect certain provisions of Part III of the IBC, i.e., Insolvency Resolution and Bankruptcy For Individuals and Partnership Firms from December 1,
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SC Extends Term of Judicial Member of Delhi State Consumer Dispute Redressal Commission
The Supreme Court extended the term of Mr. O.P. Gupta, a judicial member of the Delhi State Consumer Disputes Redressal Commission. Mr. Gupta's term expired on 23.07.2020. The extension was granted pursuant to the application filed by the Delhi State
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Presumption U/s 29 POCSO Act Does Not Affect Obligation of Prosecution to Produce Admissible Evidence to Prove Essential & Foundational Facts: Kerala HC
The Kerala High Court observed that the presumption under Section 29 of the Protection of Children from Sexual Offences Act, 2012 Act [POCSO] does not, in any way, affect the obligation of the prosecution to produce admissible evidence to prove
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[NDPS] Anticipatory Bail Cannot Be Granted Merely Because ‘Nothing Was Recovered’ From Accused: Kerala HC
The Kerala High Court has held that anticipatory bail cannot be granted in an NDPS case merely because 'nothing was recovered' from the accused. To allow an anticipatory bail petition filed by a person accused under under Sections 22(c), 28
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SC Issues Notice in Woman’s Plea Seeking Transfer Of Rape Case Filed by Her in UP Court to Delhi
A woman had approached the Supreme Court seeking transfer of a rape case filed by her against the accused who is presently the Assistant Commissioner in the Drugs Control Department at Moradabad, Uttar Pradesh. She contended that the accused Deepak Sharma
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NCLT Delhi Seeks Reply of Bhushan Steel’s Monitoring Committee on Policy for Retirement
The Principal Bench of the National Company Law Tribunal at Delhi sought a response from the Monitoring Committee of debt-ridden Bhushan Power & Steel Limited (BPSL) in relation to its retirement policy issued to over 200 BPSL employees last month.
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Begging Before Someone to Stand as Surety Comes at CostoOf Pride, Accused Shall be Allowed to Furnish Cash Deposits for Getting Bail: HP HC
The Himachal Pradesh High Court observed that the Courts while granting bail should give a choice to the accused to either furnish surety bonds or give a cash deposit. Choosing between sureties and deposits, accused is the Queen and let
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Delhi HC Directs Delhi Govt and Municipal Bodies To Submit Action Taken Against Buildings That Have Violated Norms on Ensuring Seismic Structure Stability
Delhi High Court has directed the municipal bodies as well as the Delhi Government to submit a report stating that steps they have taken to ensure that buildings in Delhi are complying with the norms laid down for seismic stability
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Delhi HC Issues Notice In Plea Challenging The IBC Ordinance Whereby The Operation of Section 10 Has Been Suspended
Delhi High Court has issued notice in a plea challenging the validity of Insolvency and Bankruptcy Code Ordinance, 2020 whereby the operation of sections 7,9 and 10 of the IBC has been suspended. The Division Bench of Chief Justice DN
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Patna HC Warns Judicial Officers Of Contempt If They Ask Arrested Persons To Withdraw Anticipatory Bail Plea From HC As A Pre-Condition For Bail Hearing
The bench of Justice Rajeev Ranjan Prasad made this significant observation while hearing a matter wherein the anticipatory bail petition of one Rahul Kumar was being considered by the court. In fact, during the pendency of his anticipatory bail petition,
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SC Directs NCDRC To Expeditiously Pronounce Judgment In A Case Which It ‘Reserved For Judgment’ In October 2019
The Supreme Court has directed the National Consumer Disputes Redressal Commission to expeditiously pronounce judgment in a case which it had 'reserved for judgment' on 24 October 2019. The bench comprising Justices DY Chandrachud, Indu Malhotra and KM Joseph, directed
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NCLT Ahmedabad Relaxes Timeline Of Implemented Resolution Plan Taking Note Of COVID-19
In a significant order, the Ahmedabad bench of the National Company Law Tribunal allowed the request of a Resolution Applicant to relax the timeline for completion of its Resolution Plan.The relief was granted by Judicial Member Manorama Kumari in view
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Allahabad HC Seeks Implementation Of SC Order For Supply Of Food To Children, Lactating Women
The Allahabad High Court sought an update from the Union Ministry of Women & Child Development regarding their policy for providing nutritional food to the children and nursing and lactating mothers amid the Covid crisis, in terms of the Supreme
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Investigating Agency Duty-Bound To Identify Real Accused : Madras HC Directs Re-Postmortem In Custodial Death Case Where Autopsy Completed In Night Hours
The Madras High Court on Thursday directed the postmortem of a farmer in the Tenkasi district of the state, alleged to be a victim of custodial torture, to be conducted again, the postmortem having been earlier completed in night hours
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Karnataka Govt Allows Family Members To View Dead Body Of Covid-19 Infected Person Before Being Disposed Off Following All Safety Measures
After being prodded by the Karnataka High Court, the State government on Thursday submitted a revised guidelines for dead body management, allowing family members of the deceased person who were infected with COVID-19, to view the dead body at the
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Section 138 NI Act: Cheque Not Valid If Amount Written Is Uncertain, Holds Delhi Court
A Delhi Court has recently held that an instrument cannot be termed as a cheque, if it does not specify a "certain amount" of money to be paid to a certain person. Thus, if the amount written on the instrument
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Merely Because DNA Report Does Not Establish Paternity, Is No Ground For Release On Bail; Bombay HC Rejects Plea Of Accused In Gang Rape Of Minor
The Bombay High Court held that merely because the DNA report of a child born after a gang rape does not establish paternity of the accused, it does not mean that the accused can be released on bail and rejected
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Madras HC Directs The Center To Formulate A Committee To Provide OBC Reservations In State Surrendered Seats In All India Quota For Medical Seats
The Madras High Court ruled that there are no constitutional impediments for the Central Government to frame laws to provide reservation to the Other Backward Categories, Scheduled Castes and Scheduled Tribes in the State surrendered seats in the all India
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‘Dignity Of The Dead Must Be Respected’: Karnataka HC Directs Govt, BBMP To Frame New Guidelines For Burial Of COVID-19 Patients
The Karnataka High Court on Monday directed the State government and Bruhat Bengaluru Mahanagara Palike (BBMP) to relook at the guidelines/protocol issued by them for disposing of dead bodies of persons tested positive for COVID-19. The bench stated that the
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Police Cannot Use Media To Influence Public Opinion To Accept That Accused Is Guilty: Delhi HC
In a case filed by Pinjra Tod member Devangana Kalita seeking the quashing of the press note issued against her by the Delhi Police alleging her involvement in conspiracy behind Delhi riots, the Delhi High Court has observed that the
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Madras HC Designation Of Senior Advocates Rules Notified: Provides Minimum Age/Experience Criteria, Bars Them From Mentioning/Seeking Adjournment
Madras High Court Designation Of Senior Advocates Rules, 2020 has come into force. The Rules provide for a minimum age limit of 45 years and 15 years of minimum experience. It also debars a Senior Advocate from mentioning any matter
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‘Powers Of CCI & Arbitral Tribunal Not Overlapping’: Bombay HC Upholds Arbitral Award In Favour Of Mahyco Monsanto Biotech
The Bombay High Court has upheld the arbitral award allowing monetary claims of agri-business giant Mahyco Monsanto Biotech Ltd (MMB) against Nuziveedu Seeds Ltd and its associate companies with respect to Sub Licensing Agreements (SLA) concerning the use of Bt
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Ensure Bio-Medical Waste Is Disposed Of In A Manner Prescribed Under Bio Medical Waste Management Rules & Guidelines: Bombay HC Tells State, Corporation & MPCB
While hearing a PIL seeking directions to stop sumping of bio-medical waste at Adharwadi dumping ground in Kalyan, the Bombay High Court directed the State, Kalyan Dombivli Municipal Corporation and the Maharashtra Pollution Control Board to ensure that the bio
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Karnataka HC Dismisses Petition Seeking NIA Probe Into Sedition Case Against Amulya Leona
The Karnataka High Court rejected a petition filed by advocate H L Vishala Raghu, seeking to transfer the sedition case registered against 19-year-old Amulya Leona, to the National Investigation Agency. A division bench of Chief Justice Abhay Oka and Justice
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Delhi HC Directs Internet Service Providers To Block Websites Illegally Streaming Disney Cartoons
The Delhi High Court has directed the Internet Service Providers to block a list of 118 'rogue websites' which are illegally streaming Disney cartoons. The Single Bench of Justice Rajiv Shakdher noted that if the Plaintiffs are not protected, as
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“High Court Cannot Exercise Power Under Section 482 CrPC When There Exists A Remedy Of Statutory Appeal Under Section 29 Of Domestic Violence Act”: Delhi HC
A single judge Bench of the Delhi High Court held that High Court cannot entertain the petition in its extraordinary power under Section 482 Cr.PC, given the fact that there is a clear remedy of Appeal under Section 29 of
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Tribunal Rules 2020 : Plea In Uttarakhand HC Challenging Eligibility Criteria For Appointments To Presiding Officer Of DRT
A writ petition under Article 226 of the Constitution of India has been filed in the High Court of Uttarakhand challenging the Government's notification changing the qualification criteria for appointment to the post of Presiding Officer of Debt Recovery Tribunal
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TRAI Guidelines On Registration Of Commercial Communication Impractical And Arbitrary: Plea In Delhi HC
A plea has been moved by the Venets Media Pvt Ltd, an intermediary telemarketer, challenging the validity of the Telecom Commercial Communication Customer Preference Regulations (TCCCPR), 2018, issued by the Telecom Regulatory Authority of India. The Petitioner informed the Division
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PETA Moves Delhi HC Seeking Immediate Prohibition on Practising Inhumane Animal Husbandry Procedures & Cruel Methods Of Euthanising Animals
The People for Ethical Treatment Of All (PETA) have filed a writ petition before the Delhi High Court seeking an immediate prohibition on practising inhumane animal husbandry procedures and cruel methods adopted for euthanasia of animals in India. Petitioners also
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Under-trials Accused of Economic Offences Not Eligible For Interim Bail As Per High Powered Committee’s Criteria: Delhi HC
Delhi High Court has refused to quash the Minutes of Meeting held on March 28 by the High Powered Committee constituted to decongest the prisons whereby under-trial prisoners accused of economic offences or against whom enquiry is being conducted by
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State Govt. Has No Power To Amend Art. 341 List Notified By President: P & H HC Stays Haryana Govt. Notifications Including OBC Community In SC Category
Noting that the state government has no power under Article 341 to specify any caste, race or tribe, or part or group thereof, as Scheduled Caste, the Punjab and Haryana High Court on Monday stayed two notifications of the government
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Rajasthan HC Upholds Validity Of Interchangeability Of Reservation Vacancies Between Widows And Divorcee Women In Case Of Non-Availability Of Candidates In Either Category
The Rajasthan High Court has upheld the constitutional validity of a Notification issued by the Government of Rajasthan substituting a rule pertaining to reservation of vacancies for women in its Service Rules to allow interchangeability between divorcee and widow candidates
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Judicial Independence Prerequisite To Rule Of Law; Advocates Throwing Mud On Judges Attacking Institution And Themselves: Madras HC
"Judicial independence is defined as a pre-requisite to the rule of law and a fundamental guarantee of fair proceedings", observed Justice B. Pugalendhi. Setting aside the acquittal of the management of certain granite firms (in connection with their accusation for
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Article 15(6) Is Only Enabling Provision: Kerala HC Dismisses PIL Seeking 10% EWS Quota in Higher Secondary Admissions
Article 15(6) is only an enabling provision, observed the High Court of Kerala while dismissing a PIL that sought direction to the state to earmark 10% quota for economically weaker section students, who apply for Higher Secondary course, for the
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Enforce NRC Throughout India To Remove “Illegal Immigrants”: PIL In SC Seeks Issuance Of Directions To Centre To Revise Voters’ List
A plea has been moved in the Supreme Court seeking issuance of directions to the Government to take action against Foreigners illegally residing in India in violation of the foreigners Act, 1946 & against those residing in India in violation
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Cheque-Bounce Not An Offence Against Society, Accused Can Escape Punishment By Compounding: P & H HC Reduces Imprisonment on Account Of Mitigating Factors
"Cheque bounce is not an offence against society and an accused can escape punishment by settling with the complainant", observed the Punjab and Haryana Court. The Single Bench expressed that in imposing a sentence under Section 138 of the Negotiable
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Plea in Kerala HC Against Collection of Call Detail Records Of Covid Patients By Kerala Govt.
Leader of Opposition in the Kerala Assembly, Ramesh Chennithala has moved the High Court. The writ petition filed in the Kerala High Court seeking to restrain the Police from collecting the Call Detail Records (CDRs) of COVID-19 patients/ suspects. The
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Ministry Of Human Resource Development Renamed As Ministry Of Education
Ministry of Human Resource Development (Manav Sansadhan Vikas Mantralaya) has been renamed as Ministry of Education (Shiksha Mantralaya). The National Education Policy 2020 had stated that it is desirable to re-designate the Ministry of Human Resource Development (MHRD) as the
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Notice To Defacto Complainant Need Not Be Issued In Bail Applications Except In Cases Where Law Insists So: Kerala HC
The Kerala High Court has observed that it is not necessary for a court to issue a notice to the defacto complainant suo motu or direct the accused to implead the defacto complainant in a bail application except in cases
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Adoption Does Not Sever Relationship With Biological Father, Even If He Renounces Right As Father: Madras HC
The Madras High Court, in a judgment delivered recently, refused to substitute in the birth certificate of a minor girl the name of her adoptive father, who is her biological mother's second husband, in place of her deceased biological father's
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IBC: Calcutta HC Quashes NCLT Order Mandating Submission Of Record Of Default For Filing Sec 7 Applications
The Calcutta High Court struck down the order passed by the National Company Law Tribunal (NCLT) on May 12, 2020 which mandated submission of record of default from Information Utility in Section 7, Insolvency & Bankruptcy Code (IBC) applications, both
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An Accused Cannot Be Arrested In Any Case Till A Request For Extradition Is Merited: Delhi HC
The Hon'ble Delhi High Court observed that an accused cannot be arrested in any case till a request for extradition is merited. This observation was made by the High Court while disposing of a Writ filed by Mr. Vinay Mittal
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Not Open To Trial Courts Awarding Life Imprisonment To Further Specify Term Of Incarceration As Remainder Of Natural Life, Or Rule Out Remission
The Punjab and Haryana Court has reaffirmed that Trial courts have no power to order a life sentence to run till natural life or that no remission will be granted. The judgment delivered by a bench headed by Justice S. Muralidhar
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Denial Of Due Wages By Way Of Non-Payment/Deferred Payment Infringes Upon The Cherished Right Of A Workman U/Art. 21 of the Constitution: Bombay HC
The Bombay High Court has held that financial difficulties faced by employers can be no ground for non-payment of due wages to workers. Court noted that Payment of due wages is a fundamental right of a worker under Article 21
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Lewd, Filthy, Indecent Questions To Prosecutrix In Sexual Assault Cases To Not Be Allowed By Trial Courts: P & H HC Directs Courts
The Punjab and Haryana High Court required its Registrar General to circulate to all the Presiding Officers/Designated Courts dealing with cases of Crime against Women, in the States of Punjab, Haryana and the U.T., Chandigarh, its observations against "a lewd,
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Plea Seeking Action Against Google Pay For Allegedly Violating RBI Guidelines on Data Protection, Delhi HC Issues Notice
Delhi High Court has issued notice in a plea seeking action against Google Pay for allegedly violating guidelines issued by the Reserve Bank of India on data protection. The Division Bench of Chief Justice DN Patel and Justice Prateek has
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Flat Buyers Entitled To Just & Reasonable Compensation For Gross Delay By Builders In Handing Over Possession: SC
The Supreme court has observed that failure of the developer to comply with the contractual obligation to provide the flat to a flat purchaser within a contractually stipulated period amounts to a 'deficiency'. In cases where there is a gross
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SEBI Circular No. SEBI/HO/IMD/DF2/CIR/P/2020/156 dated 24.08.2020
SEBI has recently published a Master Circular on the subject of Mutual Funds. The Master Circular represents a compiled list of all circulars and notifications provided by SEBI regarding mutual funds. The Circular now replaces the previous Master Circular on Mutual
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MCA Circulars No. GSR 525(E) and 526(E) dated 24.08.2020
The Circulars amend The Company (Corporate Social Responsibility Policy) Rules, 2014 and Item (ix) of Schedule VII of the Companies Act. The Circular states that Companies which are collaborating and working to develop a vaccine and other treatments to fight
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Interest On Delayed GST Payment To Be On Net Tax Liability From Sep 1 As Finance Ministry Notifies Section 100 Of Finance Act, 2019
The Ministry of Finance notified that Section 100 of Finance Act, 2019 will come into force from September 1, 2020.Section 100 of the Finance Act, 2019 inserted a proviso to Section 50 of the GST Act to clarify that the
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Employee Can’t Be Removed Or Reduced In Rank Owing To Disability: P & H HC Pulls Up Punjab Govt. For “Anathematising” Welfare State, PWD Act
"The object of the Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act, 1995 is to provide a congenial work environment keeping in view the disability of the employee", asserted the Punjab and Haryana High Court on
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Motor Insurance Claim Cannot Be Denied For Not Holding A Valid PUC Certificate: IRDAI
The Insurance Regulatory and Development Authority (IRDAI) has issued a clarification that not holding a valid Pollution Under Control [PUC] certificate is not a valid reason for denying any claim under a motor insurance policy. This clarification has been issued
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[Section 15A(3) SC/ST Act] Not Mandatory To Hear Victim While Granting Bail Where Accused Charged With Bailable Offence: Gujarat HC
The Gujarat High Court held that courts need not hear the complainant/victim during bail hearings for bailable offences under the SC/ST Act. "When a person is accused of committing only bailable offence or offences under the Act, it is not
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SEBI Circular No. SEBI/HO/MIRSD/DOP/CIR/P/2020/158 dated 27.08.2020
The Circular talks about Guidelines issued by SEBI on Power of Attorney (PoA) signed by Client in favor of the Stock Broker. The Circular mentions that the PoA is only an optional document, and the same should not be included
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Husband & Wife Equal Partners In A Marriage, Wife Best Suited To Be The Guardian Of A Husband In A Comatose Or Vegetative State: Bombay HC
The Bombay High Court held that in a marriage, husband and wife are equal partners and the wife is best suited to be the guardian of her husband who is lying in a vegetative state. Court directed all concerned authorities
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RBI Circular no. RBI/2020-21/28
The Circular extends the date of filing of Balance sheets and Auditor reports for all the Primary Urban Co-Operative Banks for a further period of 3 months. All reports now need to be filed by 30.09.2020, in compliance with Section
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Home Buyers Cannot Invoke Insolvency Proceedings For Recovery Of RERA Award: NCLAT
The National Company Law Appellate Tribunal (NCLAT) allowed an appeal filed by Sushil Ansal, former Director and shareholder of Ansal Properties and Infrastructure Limited (Ansals) setting aside the National Company Law Tribunal (NCLT), Delhi bench March 17 order for the
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Rape Is Violation Of Victim’s Fundamental Right Under Article 21: Gauhati HC
Rape is a violation of victim's fundamental right under Article 21 of the Constitution, observed Gauhati High Court while dismissing an appeal filed by a man convicted of raping a twenty year old girl. Justice Rumi Kumari Phukan observed that
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When Can Magistrate Order Investigation U/S 156(3): J&K HC Orders Training For All Magistrates In J&K, Ladakh UTs
The Jammu & Kashmir High Court on Monday ruled that once a Magistrate takes cognizance of an offence, he is, thereafter, precluded from ordering an investigation under Section 156(3) of the Code. While taking serious note of the abuse of
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Benefit Under Section 436-A Of CrPC Can Be Extended To Undertrials Only, Not Those Challenging Conviction: Bombay HC (Full Bench)
A full bench of the Bombay High Court has held that the benefit under Section 436-A of the Code of Criminal Procedure can be extended to an undertrial prisoner only, not a convict who has challenged his conviction under Section
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Institution Of 2 Bail Petitions Arising Out Of The Same FIR By The Same Petitioner Is A Matter Of Serious Concern’, HP HC Issues Slew Of Directions
The Himachal Pradesh High Court expressed its concern over the case of the institution of two bail petitions arising out of the same FIR by the same petitioner. The bench of Justice Jyotsna Rewal Dua also directed the Registrar General
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State To Widely Publicise RERA Act To Prevent Criminalisation Of Property Disputes: Orissa HC Holds Investor Protection Laws Inapplicable To Builder-Buyer Relations
The Orissa High Court asserted that the State Government will do well to give wide publicity to the provisions of the RERA Act, 2016 in order to "enable the lay and laity to seek refuge under the appropriate law" and
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Implement Provisions Of Transgender Act : Karnataka HC To State Govt
The Karnataka High Court has directed the State Government to take steps for implementation of the relevant provisions of the Transgender Persons (Protection of Rights) Act, 2019 and also extend all kinds of reservation to members of the community. A
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SEBI Circular No. SEBI/HO/MIRSD/DOP/CIR/P/2020/158 dated 02.09.2020
RBI vide a circular dated 06.08.2020 has permitted the lending institutions to extend the resolution facility to borrowers having stress on account of Covid19. In the said circular, RBI has allowed all lenders of the borrower to sign the
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‘Despite Clear Mandate Of Section 357-A CrPC, Non- Implementation Of It By Criminal Courts Is Disturbing’, Chhattisgarh HC Orders 7 Lakhs Compensation For Rape Victim
The Chhattisgarh High Court recently held in a Writ petition that the Petitioner (the Rape victim) was entitled to compensation (₹7 lakhs along with interest) under Section 357-A of the CrPC read with Section 33(8) of the POCSO Act. The
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SEBI Circular No. SEBI/HO/CFD/DCR-2/CIR/P/2020/164 dated 03.09.2020
The Guideline has been issued with reference to SEBI (Substantial Acquisition of Shares and Takeover) Regulations, 2011, also called the Takeover Regulations. Two key provisions have been highlighted and amended. Firstly, all shares taken by way of encumbrance will
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No One Has The Right To Put Own Life In Jeopardy Or Others’ Life At Risk’, Gauhati HC Asks State Authorities To Act Tough Against COVID Protocol Violators
The Gauhati High Court on Thursday suggested the Assam Government to take strict action against those not following physical distancing norms, including the imposition of fine on violators. The suggestion was made by a division bench comprised of Chief Justice
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RBI Press Release No. 2020-2021/284 dated 04.09.2020
The RBI has updated the Priority Sector Lending (“PSL”) Guidelines. According to the updated Guidelines, there are some new categories eligible for the same, including bank finance to startups and financial assistance to farmers to setup solar grids etc. The
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Parole Is A Reformative Process; Cannot Be Denied On Apprehension Of Absconding: P&H HC
The Calcutta High Court has reiterated that parole is "reformative process" and the same cannot be denied to a convict merely on apprehensions that he shall abscond or commit further offences. "It cannot be disputed that the purpose of release is
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‘What Is Not An Offence Does Not Require A Defence’: Madras HC Explains Procedure For Inquiry/ Trial Against An Accused Of Unsound Mind
In a recent verdict, the Single Bench of Justice PN Prakash of the Madras High Court extensively explained the procedure to be adopted by the Courts during Inquiry/ Trial for an offence, allegedly committed by a person of unsound mind.
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“Fake Or Invalid Driving Licenses Are Not Valid Defenses To Avoid Liability Of Insurer”: J&K High Court
"Mere absence, fake or invalid driving license or disqualification of the driver to drive at the relevant time, are not in themselves defenses available to the insurer either against the insured or the third parties. To avoid its liability towards
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Justice RF Nariman Appointed As Chairman Of Supreme Court Legal Services Committee
Justice Rohinton Fali Nariman has been appointed as the Chairman of the Supreme Court Legal Services Committee. The Central Authority nominated Justice Nariman, with immediate effect in the wake of retirement of Justice Arun Mishra, who held the post of
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RBI Press Release No. 2020-2021/293 dated 07.09.2020
RBI has announced its auction for Government securities worth INR 20,000 Crore Rupees. The same was to be held in two tranches of Rs. 10,000 crore each, with the first tranche set for 10th of September 2020. The details and
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Merely Because Short Dates Are Given To The Parties, No Malice Can Be Attributed To The Court: Madhya Pradesh HC
The Madhya Pradesh High Court (Jabalpur Bench) on Friday (04th September) ruled that "merely because short dates are given to the parties, no malice can be attributed on the Court". The Single Bench of Justice Sujoy Paul was hearing an application
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Discretionary Powers For Anticipatory Bail Cannot Be Extended To Persons Indulging In Illegal Sand Mining, Smuggling & Theft Of Sand And Minerals: Madras HC
Questioning itself whether the discretionary power under Section 438 of Cr.P.C can be routinely exercised for cases of illegal quarrying/mining, theft and smuggling of sand and minerals, the Madras High Court, finding, that the discretionary power has been consciously and
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Usage Of Public Facilities For Commercial Exploitation Can’t Be Permitted: J&K HC
The Jammu & Kashmir High Court (Srinagar Wing) on stressed that the Government Doctors cannot be permitted to "use their employment for private practice and commercial exploitation”. A Division Bench of Chief Justice Gita Mittal and Justice Puneet Gupta further
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Convenience Of Wife Has To Be Preferred Over That Of Husband While Considering Transfer Petitions In Matrimonial Disputes: Kerala HC
In matrimonial disputes, while considering transfer petitions, the convenience of the wife has to be preferred over the convenience of the husband, the Kerala High Court observed in an order passed. "It is well settled that in matrimonial disputes, while
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That Complainant Not Satisfied Can’t Be Sole Ground For Rejecting Cancellation Report & Order Further Investigation: P & H HC
"That the complainant was not satisfied, cannot be the sole ground to discard the cancellation report and order further investigation", the Punjab and Haryana High Court has held. The petitioner before Justice Raj Mohan Singh had assailed the order dated
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‘Right to Life Cannot Be Invaded Under The Garb Of Freedom Of Speech’ : Karnataka HC Convicts Reporter & Editor For Defamation
Observing that the right to life guaranteed under Article 21 of the Constitution of India cannot be invaded under the garb of freedom of speech and expression, the Karnataka High Court has reversed the acquittal of a reporter and an
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Wife Abandoning Husband Along With Daughter When Husband Lost His Vision, Her Unprovoked Humiliating Treatment Amount To Mental Cruelty: Tripura HC
While hearing an appeal filed by the wife against the Judgment dated 25.09.2018 passed in case no T.S.(Divorce) 163 of 2014 by Family Court at Agartala (wherein Divorce was granted to the husband) the Tripura High Court on Wednesday (09th
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‘In View Of Marriage Of Accused With Victim, Trial To Be Futile’: Gujarat HC Quashes FIR For Rape Of Minor
The Gujarat High Court quashed an F.I.R. pertaining to rape of a minor by an on duty police officer, taking into account "full and final settlement" between the complainant and the accused by the latter entering into marriage with the
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Pre-Arrest Bail To Accused In Assault Of On-Duty Police Officials Sends Wrong Signal To Society, Demoralises Public Servants: P & H HC
"If the concession of pre-arrest bail is granted to the persons accused of assaulting public servants on duty, that may further embolden the people to take law in their own hands and indulge in further such acts, resultantly demoralising such
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‘Stamp Duty Cannot Be Levied On Contract Security’: Allahabad HC Raps State Govt For Ignoring Previous Judgments
In a recent judgement, the Allahabad High Court rapped the state authorities for overlooking a trite law that stamp duty cannot be levied on contract security."This issue had arisen before this Court before one and a half decades but it
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Can Banks Continue SARFAESI Proceedings With Respect To Loan Accounts Declared As NPA Prior To Lockdown? Kerala HC Seeks Response From Centre,State
The Kerala High Court has sought response from the Central Government about the banks' plea seeking permission to continue SARFAESI proceedings with respect to loan accounts which were declared as NPA prior to the declaration of lockdown. The Full bench
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Accused Has Right To Oppose Police Plea For Extension Of Time For Completion Of Investigation Beyond 90 Days But Cannot Be Provided Copy Of The Application: Delhi HC
The Delhi High Court ruled that an accused has a right to be heard to oppose an application for extension of time for completion of investigation accruing out of the proviso to Section 167 of the Cr.P.C. as modified by
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SEBI Circular No. SEBI/HO/IMD/DF3/CIR/P/2020/172 dated 11.09.2020
The SEBI has taken out another circular, in light of it’s aim to correctly categorize and label Mutual Funds. They have stated that to be termed/categorized as a Multi Cap Mutual Fund, Managers of the same will have to invest
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Not Responding To A Show-Cause Notice Implies Acquiescence To The Contents Thereof : HP HC
The Himachal Pradesh High Court has held that not responding to a Show-cause notice without any reasonable cause implies acquiescence to the contents thereof and ordinarily, action taken thereafter upon the said Show-cause notice, is not open to challenge. Justice Ajay
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Bail Condition To Keep Foreigner In Detention Centre Not Violative Of Article 21 : Karnataka HC
The Karnataka High Court has dismissed a petition filed by a Kyrgyzstan national seeking to relax bail condition imposed by the trial court directing authorities to keep him in a detention center, till disposal of the case registered against him
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No Petition Can Be Transferred From One Court To Another On The Sole Ground Of Delay In Disposal: SC
No petition can be transferred from one court to another on the sole ground of delay in disposal, the Supreme Court observed while dismissing a transfer petition. In this case, the petitioner sought the transfer of a writ appeal filed
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“Rape Not Just Forcible Intercourse, It Means To Inhabit & Destroy Everything”; Bombay HC Denies Bail To Married Man Accused Under POCSO
The Bombay High Court denied bail to a man accused of raping a 17-year-old girl who happened to be his business partner's daughter observing "rape is just not forcible intercourse, it means to inhabit and destroy everything.” Justice Bharati Dangre
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No Regulations Needed Now For Over-the-Top (OTT) Communication Services Such As Facebook, Whatsapp: TRAI
The Telecom Regulatory Authority of India has said that no regulatory intervention was needed at the moment on issues related to privacy and security of over-the-top (OTT) communication services such as Facebook, Whatsapp, Skype, Viber etc. "It is not an
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After Husband’s Death, Wife Has Every Right To Claim Maintenance From The Estate Inherited By Father-In-Law: Bombay HC
The Bombay High Court has observed that after husband's death, a woman has every right to claim maintenance from the estate inherited by her father-in-law. High Court has dismissed a writ petition filed by a man who challenged an order
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Parliament Passes Aircraft (Amendment) Bill To Raise Maximum Cap On Fines From 10L To 1Cr
The Parliament passed the Aircraft (Amendment) Bill, 2020, to bring the Aircraft Act, 1934 in line with the internationally accepted standards, procedures and practices as laid down by the International Civil Aviation Organisation (ICAO). The Bill was cleared by the Lok
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Suit For Dissolution Of Marriage Between Couple Belonging To Notified Scheduled Tribe Is Not Maintainable Under Hindu Marriage Act: Tripura HC
The Tripura High Court observed that marriage between persons who belong to Scheduled Tribes notified under Article 342 of the constitution of India cannot be dissolved by invoking provisions of the Hindu Marriage Act, 1956. The bench comprising Justices S.
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SC Extends Term Of Justice (Retd.) Manmohan Singh As IPAB Chairman For Three Months
The Supreme Court extended the tenure of Justice (Retd.) Manmohan Singh as the Chairman of the Intellectual Property Appellate Board (IPAB), for three months. The order was passed by a Bench comprised of Justices L Nageswara Rao, Hemant Gupta and
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No Plans To Enact Legislation To Prevent Custodial Torture: Govt Tells In Lok Sabha
The Union Ministry of Home Affairs on Tuesday informed the Lok Sabha that it has no plans to bring a legislation on Custodial Violence. The Minister of State in the Ministry of Home Affairs, G Kishan Reddy, informed the House
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Mere Reproduction Of The Police Dossier In Detention Order Can’t Justify The Detention : Jammu & Kashmir HC
The Jammu & Kashmir High Court (Jammu Wing) recently quashed a detention order detaining one Surinder Singh under Section 8 of the Jammu & Kashmir Public Safety Act, 1978 The Petitioner had challenged Order No. 02/DMU/JC/PSA-2019 dated 06.09.2019, passed by the
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Idea Of Establishment Of SC Bench Outside Delhi Has Not Found Favour With Supreme Court: Law Ministry
The Ministry of Law and Justice has reiterated that it has no plans to establish separate Benches of the Supreme Court, as the proposition has not been supported by Supreme Court itself. "Representations have been received from time to time from
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Refusing Further Loan When Previous Loan Is Outstanding Is The Act Of A Prudent Banker, It Cannot Be Termed Abetment To Suicide: Bombay HC
The Bombay High Court while quashing and setting aside a case of abetment of suicide registered against a branch manager, observed that when previous loan amount is outstanding and if the branch manager is refusing to grant further loan, that
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Delhi HC Issues Notice In Advocate’s Plea Seeking ₹10 Lacs In Compensation For Getting Fined For Not Wearing A Mask While Driving Alone In Private Car
Delhi High Court has issued notice in a plea moved by an Advocate challenging issuance of challan against him for allegedly not wearing a mask while driving his car. The Single Bench of Justice Navin Chawla has issued notices to
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SEBI Circular No. SEBI/HO/IMD/DF2/CIR/P/2020/175 dated 17.09.2020
SEBI on Thursday modified certain rules related to Mutual Fund (“MF”) schemes. It said the closing NAV of the day shall be applicable during purchase of MF units, irrespective of the time or size of receipt. The rules are to
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Enhance Economic Support to Members Of The Transgender Community: Patna HC Asks State Government
The Patna High Court asked the State Government to think about enhancing the economic support to the members of the Transgender community who, "at this point in time, are suffering acute hardship, more so on account of the nature of
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RBI Press Release: 2020-2021/355 dated 18.09.2020
The RBI on 18th of September released its annual publication titled, “Handbook of Statistics on the Indian Economy, 2019-20”. This is the 22nd annual Handbook published by the RBI. The current volume contains 240 statistical tables covering national income aggregates,
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SEBI Press Release No. 48/2020 dated 18.09.2020
SEBI has extended the Regulatory measures introduced by itself vide circular dated March 20, 2020 till the date of October 29, 2020.
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Petition U/s 482 CrPC To Quash Proceedings U/s 12 Domestic Violence Act Not Maintainable: Kerala HC
The Kerala High Court has observed that, a magistrate shall consider maintainability of the application filed under Section 12 of the Protection of Women from Domestic Violence Act, if such a contention is raised by the opposite party. A party
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Parliament Passes Bill To Temporarily Suspend Initiation Of Corporate Insolvency Resolution Process Under IBC
The Lok Sabha today passed the Insolvency and Bankruptcy Code (Second Amendment) Bill, 2020, by voice vote. The Bill was passed by the Rajya Sabha on September 19, 2020. It seeks to amend the IBC Code 2016 and temporarily suspend
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SEBI Circular No. SEBI/HO/IMD/DF2/CIR/P/2020/175 dated 17.09.2020
SEBI on Thursday provided new rules for Investment Advisors in International Financial Centers. According to the rules, a new client will be eligible to avail either advisory or distribution services within the group or family of the investment advisor and
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Laws To Constitute National Commissions For Homeopathy & Indian Medicine Get Presidential Assent
The President of India Ram Nath Kovind has given his assent to National Commission For Homoeopathy Bill and National Commission For Indian Systems Of Medicine Bill, passed by Parliament. Both the Acts are notified in the Gazette and will come
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Standing Counsel Appears For Private Parties Against Govt: Calcutta HC Seeks Reply From Bar Council Of India, State Bar Council
The Calcutta High Court issued notices on a writ petition, seeking cancellation of registration of a Standing Counsel for the Central Government, allegedly for appearing for private parties in cases against the Union of India. The Bench of Justice Bibek
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‘Take Action On Show Cause Notices Issued For Non-Compliance With 2018 Regulations Aimed At Curbing Online Fraud & Phishing’, Delhi HC Directs TRAI
Delhi High Court has given 8 weeks to the Telecom Regulatory Authority of India to take some action on the show-cause notices issued to entities to show progress made in ensuring compliance with the Telecom Commercial Communications Customer Preference Regulations
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‘My Constitutional Right To Fair Trial Will Be Violated If This Court Doesn’t Intervene’: Mehul Choksi Submits Before Delhi HC In Plea Against Netflix’s Big Boy Billionaire
Mehul Choksi has submitted before the Delhi High Court that his constitutional right to fair trial will be severely affected if the court doesn't exercise its writ jurisdiction against Netflix's docu-series Big Boy Billionaire. While addressing the Division Bench of
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Madras HC Issues Guidelines For Settlement Of Just Accident Compensation Under MV Act
In order to minimise false claims and illegal practices in the matter of settlement of accident claims, the Madras has on Wednesday issued detailed guidelines for the settlement of just compensation. The guidelines were issued by a Bench compromising Justice
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Orissa HC Refuses Termination Of A Mentally-Challenged Rape Survivor’s Pregnancy; Issues Slew Of Directions For State Govt. To Handle Similar Cases
The Orissa High Court refused to allow the termination of the pregnancy of a physically and mentally-challenged rape survivor. The Single Bench of Justice Biswanath Rath was hearing the plea of a mother seeking permission for terminating the pregnancy of
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SC Sets Aside Kerala HC Judgment Which Directed Conducting Of Load Test Before Demolishing Palarivattom Flyover
The Supreme Court has set aside a Kerala High Court judgment which directed the Government to conduct a load test before demolishing the Palarivattom Flyover on the National Highway in Ernakulam. It is very difficult then to say that the
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Petitions Relating To Industrial Disputes Will Not Be Listed If Exceptional Circumstances Are Not Disclosed: Delhi HC Registry
The Registry of the Delhi High Court has issued an office order stating that no petition related to the industrial disputes will be listed if exceptional circumstances under which relief is sought are not disclosed in the petition. The said
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RBI Press Release: 2020-2021/382 dated 24.09.2020
The RBI has announced its second auction for government securities worth Rs. 20,000 Crores. The second auction will be held for securities for Rs. 10,00 Crores. The auction will be held on the 1st of October, and the results for
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MCA Gazette Notification F. No. 30/33/2020-Insolvency dated 24.09.2020
The Ministry of Corporate Affairs has formalized the Ordinance which introduced Section 10A of the Insolvency and Bankruptcy Code, 2016. The same has now been inserted vide effect of the Amendment dated 24.09.2020.
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[Section 120B IPC] Conspiracy Cannot Be Assumed From A Set Of Unconnected Facts Or Conduct At Different Places & Times Without A Reasonable Link: SC
Conspiracy cannot be assumed from a set of unconnected facts or from a set of conduct at different places and times without a reasonable link, the Supreme Court observed while releasing an accused on bail. In this case, the allegation
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Writ Petition Under Article 226 Against NCLT Order Not Maintainable: Kerala HC
The High Court of Kerala has held that writ jurisdiction under Article 226 cannot be invoked to challenge an order passed by the National Company Law Tribunal. Accordingly, a division bench comprising Chief Justice S Manikumar and Justice Shaji P
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Clarify The Steps Taken For Affording Reservation In Field Of Education/services To Members Of Transgender Community: Patna HC Seeks Govt. Response
The Patna High Court asked the State Government to explain and clarify the steps taken for affording reservation in the field of education or services to the members of the Transgender community. The Division Bench of Chief Justice Sanjay Karol
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MCA Gazette Notification Amendment Act No. 29 of 2020 dated 28.09.2020
The Finance Ministry has notified the Companies (Amendment) Act, 2020 which seeks to amend the Companies Act, 2013. The notification, among others, seeks to amend clause (52) of section 2 which elaborates on Definition of Listed company. The amendment seeks
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Centre Notifies Acts To Supersede Central Councils Of Indian Medicine & Homoeopathy Medicine
The Central Government notified two the Indian Medicine Central Council (Amendment) Act, 2020 and the Homoeopathy Central Council (Amendment) Act, 2020, to supersede the Central Councils formed under the principal Acts by a Board of Governors, which will be constituted
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Transgender Persons (Protection of Rights) Rules, 2020, Comes Into Force
The Transgender Persons (Protection of Rights) Rules, 2020 have been notified. The Ministry of Social Justice and Empowerment, stated that the objections and suggestion received from the public in respect of the the draft rules have been considered by the Central
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Centre Notifies Three Labour Codes
• Occupational Safety, Health & Working Conditions Code, 2020 • The Industrial Relations Code, 2020 • The Code on Social Security, 2020 The three codes are part of the four codes that consolidate 29 central labour laws. In 2019, the Code on Wages was passed. These
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Can’t Provide Legal Opinion in Application Moved Under Sec 151 of CPC: Delhi HC Holds While Advising Petitioner To Seek Advice Judge After He Demits Office
Delhi High Court has clarified that it doesn't have the advisory jurisdiction to provide legal advice to the parties in applications moved under section 151 of the Civil Procedure Code. The Division Bench of Justice Rajiv Sahai Endlaw and Justice Asha
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RBI Press Release: 2020-2021/414 dated 30.09.2020
The RBI has released the major statistics and details regarding India’s external debt vide this Press Release. Some key points are: - i. At end-June 2020, India’s external debt was placed at US$ 554.5 billion, recording a decrease of US$ 3.9 billion
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RBI Press Release: 2020-2021/415 dated 30.09.2020
RBI on 30th September also provided data regarding India’s International Investment Position at the end of June, 2020. Key highlights are: - i. Net claims of non-residents on India declined for the fourth consecutive quarter and stood at US$ 345.7 billion at
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“Emergency Parole Is Their Right”; Bombay HC Orders Enquiry By Chief Judicial Magistrates Of All Districts In Aurangabad On Allegations Of Bribery Against Jail Officials
The Bombay High Court ordered a thorough enquiry into allegations of demand of bribe against jail authorities for granting emergency parole which their right as per State government's notification dated May 8, 2020 after being informed that over 130 applications
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Twitter Tells Telangana HC It Is Not Amenable To Writ Jurisdiction In India, Seeks Safe Harbour Protection Under IT Act
Micro-blogging platform Twitter Inc. has disputed the application of writ jurisdiction over it, in a plea before the Telangana High Court against trending of "communal hashtags" on the platform.The social media company has stated that it is incorporated under the
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Public Prosecutor Must Apply Mind Independently Before Filing Report U/MCOCA Seeking Extension Of Time To Investigate, He Is Not A Mere Postman: Bombay HC
The Bombay High Court held that before filing a report under the Maharashtra Control of Organized Crime Act (MCOCA) seeking extension of time for further investigation in a case beyond the 90 day period, the Public Prosecutor must apply his/her
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Courts Have Limited Jurisdiction, No Expertise In Matters Of Determination Of Fees: Madras HC
The Madras High Court directed the State Government to consider the students' representation for waiver of additional fees, levied by the Tamil Nadu Dr. Ambedkar Law University for various facilities offered by it, that are not being utilized during online
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‘Matter Requires Investigation’: Allahabad HC Refuses To Quash FIR Against Skoda Auto Volkswagen For Installing ‘Cheat Devices’ In Its Vehicles
The Allahabad High Court refused to quash an FIR registered against Skoda Auto Volkswagen, in connection to the alleged installation of "cheat devices" in its vehicles to show lower emissions. The Bench of Justices B. Amit Sthalekar and Shekhar Kumar Yadav
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The Legislature In Its Wisdom Has Conferred Precedence On The POCSO Act Above The Atrocity Act: Gujarat HC
The Gujarat High Court ruled that the comparative analysis of provisions of both the Acts [Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 & The Protection of Children from Sexual Offences Act, 2012] leads to the sole conclusion
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Once Case For Cognisable Offence Registered, SHOs To Act Swiftly To See Offenders Don’t Escape Clutches of Law: Madras HC
The Madras High Court recently observed that "the Station House Officers, once they registered cases for the commission of cognizable offences, especially, of more serious offences are expected to act shiftily and see to that the offenders do not escape
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Denial Of Access To Road To Residents Of Hilly Areas Would Tantamount To Denial Of Constitutionally Guaranteed Right To Life: HP HC
The Himachal Pradesh High Court observed that access to roads, vis-à-vis, the residents of hilly areas is an inbuilt component of the constitutionally guaranteed right to life, and any denial thereof, to the residents of hilly areas, would tantamount to
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“It Was A Case Of Fence Eating Into The Crop”; Bombay HC Upholds Conviction & Life Sentence Of Father Who Raped Minor Daughter Repeatedly
The Bombay High Court while upholding the conviction and life sentence of a father who raped his own minor daughter for over a year repeatedly, placed complete faith on the victim's testimony, the medical evidence and observed that to her
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SEBI Press Release: SEBI/HO/IMD/DF4/CIR/P/2020/202 dated 08.10.2020
SEBI came out with guidelines for inter-scheme transfer of securities in mutual funds whereby no such transfer will be allowed in case of negative news in the mainstream media about the security. If a security gets downgraded following Inter-Scheme Transfers
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SEBI vide Notification: SEBI/LAD-NRO/GN/2020/34 dated 08.10.2020
With an aim to protect the interest of investors, capital markets regulator Securities and Exchange Board of India (SEBI) has strengthened the role of debenture trustees, asking them to independently evaluate and monitor the asset cover. The decision comes as
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When Parties Decide The Place Of Arbitration, Only The HC Having Territorial Jurisdiction Over That Place Can Entertain Application U/S 11 Of Arbitration Act: Orissa HC
The Orissa High Court refused to entertain a petition filed under Section 11 (6) of the Arbitration and Conciliation Act of India, 1996 observing that "the Court does not have the territorial jurisdiction to entertain the petition”. The Bench of
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RBI Press Release: 2020-2021/453 dated 09.10.2020
The Reserve Bank of India (RBI) Governor announced that the central bank’s Monetary Policy Committee (MPC) has unanimously decided to keep the key rates unchanged while maintaining an accommodative stance. "Monetary Policy Committee voted unanimously to keep the policy repo rate
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The Plaintiff Has No Absolute Right, At The Appellate Stage, To Withdraw From The Suit: Kerala HC
The plaintiff has no absolute right, at the appellate stage, to withdraw from the suit, the Kerala High Court has observed. Justice R. Narayana Pisharadi observed that the Appellate Court, before granting such liberty to withdraw a suit has to
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Allegations In Matrimonial Case Can Lead To Criminal Defamation: Karnataka HC
The Karnataka High Court has convicted a woman under section 500 of Indian Penal Code on the finding that the statements made by her against her husband before the Family Court in a matrimonial case amounted to 'criminal defamation’. Justice
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Mandamus Cannot Be Issued To Parliament To Enact Legislation: SC Rejects Plea To Enact Law To Provide Uniform Compensation To Victims Of Violence
The Supreme Court dismissed a lawyer's plea seeking direction to Parliament to enact a law providing a uniform scheme of compensation for persons who are affected by violence and other tragedies. "No mandamus can be issued to Parliament as a
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Conviction Can Be Based On Sole Eye Witness Testimony Only If He Is Wholly Reliable, Reiterates SC
The Supreme Court has observed that conviction can be based on the testimony of a single eye witness so long he is found to be wholly reliable. The bench comprising Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari observed
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[Online Rummy] Gujarat HC Directs State Govt To Treat PIL For Regulation Of Online Gambling As A Representation
The Gujarat High Court has observed that the present legal framework in reference to gambling should be regulated to include virtual/ online/ Cyber space gambling. The Bench of Chief Justice Vikram Nath and Justice JB Pardiwala has directed the State
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No FIR Can Be Registered For Offence Under Section 188 Of IPC : Chhattisgarh HC
The High Court of Chhattisgarh has held that the police cannot register an FIR for the offence under Section 188 of the Indian Penal Code. Holding thus, the Court quashed an FIR registered against a doctor who was alleged to
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Application U/s 9 Of Arbitration & Conciliation Act Can Be Filed Where A Part Of The Cause Of Action Has Arisen: Calcutta HC
The Calcutta High Court has observed that an application under section 9 of the Arbitration and Conciliation Act can be filed where a part of the cause of action has arisen. Justice Moushumi Bhattacharya observed that an application under section 9
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‘Petitioners Are Like Any Other Couple You Might Meet, Except They Belong To Same Sex’: Delhi HC Issues Notice In Plea Seeking Marriage Equality For Same-Sex Couples
The Delhi High Court issued notice in a couple of writ petitions seeking marriage equality for same-sex couples in India.Filed by Dr Kavita Arora, who has been living with her partner Ankita Khanna for 8 years, the petition seeks a
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Right Of Pre-Emption Is A ‘Very Weak Right’; Cannot Be Exercised Recurringly: SC
The right to pre-emption is a "very weak right" and is capable of being defeated by all legitimate methods including the claim of superior or equal right, the Supreme Court has reiterated. The bench comprising Justices Sanjay Kishan Kaul and
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Can’t Issue Blanket Order To Restrict Circulation Of News On Whatsapp, Facebook Etc. On Wild Allegations: MP HC
The Madhya Pradesh High Court refused to put a blanket order to restrict the circulation of news on WhatsApp, Facebook etc. The Bench of Justice S. C. Sharma and Justice Shailendra Shukla was hearing the plea of the petitioner (who
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RBI lays down monetary penalty on IndusInd Bank Ltd.
Exercising its powers under Sections 46 and 47 of the Banking Regulation Act of 1949, which empower the Central Bank to impose monetary penalties for non-compliance with regulatory compliance, the RBI imposed a penalty of ₹4.50 Cr. Said penalty has
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[Online Gambling] Delhi HC Directs UOI & State Govt To Treat PIL Filed Against Online Gambling As A Representation
The Delhi High Court directed the Union Of India & Delhi Government to treat a petition filed against online gambling, as a representation and decide the grievances ventilated in the petition, as narrated in detail in the writ petition. The
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The Technology Is Being Misused To Commit The Offence, Particularly Against Women: Allahabad HC
The Allahabad High Court observed that technology is being misused to commit the offence, particularly against women. The Bench of Justice Dinesh Kumar Singh was hearing an application filed under Section 439 Cr.P.C. has been filed seeking bail in FIR
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SEBI vide Notification: SEBI/HO/CDMRD/DNPMP/CIR/P/2020/206 dated 19.10.2020
In order to encourage the participation of Farmers/Farmers Producers Organizations (FPOs) in agricultural commodity derivatives markets, the Stock Exchanges have created a separate fund, out of the
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“They Have Married And Are Living Happily”: Allahabad HC Quashes A Rape Case From Hathras Recording Settlement
The Allahabad High Court recently quashed a rape case recording 'settlement' between the rape accused and the victim. Before the High Court, the 'victim' submitted that they have married and are living happily as husband and wife. It was also
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Karnataka HC Seeks Govt Response On Plea Seeking Horizontal Reservation For Transgenders Instead Of OBC Reservation
The Karnataka High Court has directed the State government to respond to an application which sought that horizontal reservation should be provided to Transgender Persons in Public Employment. The government had recently filed anaffidavit in the court stating that it
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Complaints Against Judicial Officers Must Accompany Sworn Affidavit & Verifiable Materials: Andhra Pradesh HC Issues Additional Guidelines
Any complaint against the Judicial Officers of Subordinate Judiciary in Andhra Pradesh must be accompanied by a sworn affidavit and/or verifiable material The Andhra Pradesh High court has framed additional guidelines regarding "Pre-Requirements for filing complaints against Judicial Officers of
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‘Any Obstruction In The Discharge of Constitutional Functions Of Courts Must Be Viewed Seriously’, HC Directs Delhi Govt To Release Funds For Requirements Of District Courts
Delhi High Court has directed the Delhi Government to start with releasing funds for purchasing 20% of the pool cars required by the District Courts within three months from today. While directing the Delhi Government to clear pending proposals to
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“Equal Pay For Equal Work” Has Assumed Status Of Fundamental Right In Service Jurisprudence: Jharkhand HC
"Equal pay for equal work" has assumed the status of fundamental right in service jurisprudence, the Jharkhand High Court has observed.The Court was considering a petition filed by a management [Employer, Food Corporation of India] for quashing the Award passed
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In Case Of A Gang Rape, Medical Corroboration Not An Absolute Necessity: MP HC Denies Bail Despite The Fact That Victim Married Accused
The Madhya Pradesh High Court noted in an order that in cases of Gang Rape, medical corroboration is not an absolute necessity. The Bench of Justice Akhil Kumar Srivastava made this observation while hearing an appeal filed under Section 14-A
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Kerala Govt. Decides To Amend Police Act To Deal With Insult, Intimidation & Defamation Through Social Media
Kerala Government has decided to amend the Police Act to include intimidation, defamation, or insulting of any person through social media as an offence punishable with imprisonment of term upto five years and/or upto 10,000/- fine. The Kerala Cabinet has
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RBI Press Release: 2020-2021/525 dated 22.10.2020
The Reserve Bank of India (RBI) announced that the central bank, on a review of the current liquidity and financial conditions, has decided to hold open market operations (OMO) purchase of Government securities to the tune of Rs. 20,000 Crores.
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RBI Notification: 2020-2021/58 dated 22.10.2020
The RBI, in its efforts to make doing business in India easier and more efficient, has now finalized its framework for Self-Regulatory Organisation (SRO) for Payment System Operators. An SRO is a non-governmental organization that enforces rules and standards relating
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An Alcoholic Person Who Is Otherwise Of Sound Mind Can’t Be Kept In Rehab Centre Against His/Her Will: Allahabad High Court
The Allahabad High Court observed in a Habeas Corpus Writ Petition that an alcoholic person who is otherwise of sound mind can't be kept in Rehab Centre (Nasha Mukti Kendra) against his/her will and wish. The Bench of Justice J.
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‘Disabled Person Needs to Pay 5% Tax To Walk’: Plea In SC Against GST On Disability Equipment
The Supreme Court heard a writ petition challenging the imposition of Goods and Services Tax(GST) on products meant for the aid of persons with disabilities(Nipun Malhotra v Union of India). 'A normal person need not pay tax for walking. But
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Courts Should Inform Accused About Their Right To ‘Default Bail’ Once It Accrues: SC
The Supreme Court has observed that Courts should inform the accused of the availability of their indefeasible right to avail 'default bail' once it accrues to them. The objects of Section 167(2) of the Code of Criminal Procedure are subsets
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‘You Cannot Ask for A General Direction to Implement A Law’: Supreme Court Dismisses PIL To Enforce Farmers Acts
The Supreme Court dismissed a PIL which sought directions to the Centra and States for enforcing the recently passed three Famers Acts. "You cannot ask for a general direction to implement the Act. You have to bring forth specific cases",
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Expeditious Trial Of Section 138 NI Act Cases: Supreme Court Seeks High Courts’ Responses To Amici Curiae Report
The Supreme Court sought the responses of all High Courts to the preliminary report submitted by Amici Curiae with suggestions for expeditious trial of cheque bounce cases under Section 138 of the Negotiable Instruments Act, 1881. A bench comprising Chief
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[Order 8 Rule 1A (3) CPC] Court Should Take A Lenient View While Considering Defendant’s Application To Produce Additional Documents: SC
The Supreme Court has observed that the courts should take a lenient view when an application is made by defendant for production of the document which he was not able to produce along with the written statement. The court was
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Pre And Post-Summons Online Mediation, Summons Via SMS/WhatsApp, Disclosure Of Defence Before Trial
Senior Advocate Sidharth Luthra and Advocate K Parameshwar, the amici curiae appointed by the Supreme Court to suggest steps to expedite the trial of cheque dishonour cases under Section 138 of the Negotiable Instruments Act, have submitted a preliminary report
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Power U/s 41A CrPC Cannot Be Used to Intimidate, Threaten or Harass: SC Stays Police Summons To Delhi Resident For FB Post Against West Bengal Govt.
The Supreme Court has stayed a direction to a Delhi resident accused of making an 'objectionable' Facebook post against West Bengal Government, to appear before the Investigating Officer in West Bengal in response to a notice issued under Section 41A
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Supreme Court Orders Transfer to Itself All Pleas Challenging Provisions of Insolvency & Bankruptcy Code on Personal Guarantors
The Supreme Court has ordered the transfer of petitions pending across High Courts, challenging the provisions of Insolvency & Bankruptcy Code pertaining to the issues of personal guarantors. A bench comprising Justices L Nageswara Rao, Hemant Gupta & Ajay Rastogi heard
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In Transnational Child Custody Cases, ‘Mirror Orders’ From Foreign Courts Ensure Welfare of Minor: Supreme Court
The Supreme Court applied the concept of 'mirror order' in a case involving transnational custody of a child. When a court allows the shifting of a child to a foreign country, it may impose a condition that the parent in
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Officers Designated U/s 53 NDPS Act Can Exercise All Investigative Powers Under CrPC Including Power to File Charge-Sheet: SC
The Supreme Court has observed that all the investigative powers vested in an officer in charge of a police station under the CrPC, including the power to file a charge-sheet, are vested in the officers designated under section 53 of
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Tata v. Mistry: Shapoorji Pallonji Group submits scheme for separation from Tata Sons before Supreme Court
The Shapoorji Pallonji Group (SP Group) has filed an application before the Supreme Court detailing a separation proposal seeking division of assets and shares in listed entities of Tata Sons. This separation plan filed before the Supreme Court highlights that Tata
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Preferences & Inclinations Of Child Are Important In Determining Issue Of Parental Custody : Supreme Court
The Supreme Court, in a judgement pertaining to transnational custody of child, relied upon Section 17(3) of the Guardian and Wards Act, 1890 which states that the Court can consider the preferences of the minor if he/she is old enough
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Depression Not Unsoundness of Mind For S. 84, IPC: Supreme Court Dismisses Appeal Against Dismissal By Ex-Army man
The Supreme Court observed that 'depression' does not qualify as 'unsound mind' for the purpose of entitling one to the defence under Section 84, IPC. The bench of Justices Rohinton Nariman, Navin Sinha and Krishna Murari was hearing an appeal
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Preferences & Inclinations Of Child Are Important In Determining Issue Of Parental Custody : Supreme Court
The Supreme Court, in a judgement pertaining to transnational custody of child, relied upon Section 17(3) of the Guardian and Wards Act, 1890 which states that the Court can consider the preferences of the minor if he/she is old enough
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NCLT admits plea under Section 94(1) IBC for initiation of insolvency process against personal guarantor
In one of the firsts, the National Company Law Tribunal, Delhi admitted a petition under Section 94(1) of Insolvency & Bankruptcy Code for initiation of insolvency process against a personal guarantor. A two-member Bench of Member (Judicial) Mohd Sharief Tariq
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Freedom Of Speech & Expression Includes Freedom Of Being Critical Of Public Administration Or Authority: Tripura High Court
The Tripura High Court observed that the right of freedom of speech and expression would include the freedom of being critical of the public administration or authority. The Bench of Chief Justice Akil Kureshi further observed that "any inroad into
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[Prenatal Sex Determination] Termination Of Female Foeticide Is Destruction Of Woman Of Future: Punjab & Haryana High Court [Read Order]
Expressing its concern over the practice of prenatal sex determination, the Punjab & Haryana High Court observed that, "Considering the disdainful attitude of the society to a female child and use of diagnostic equipment for female foeticide Act was enacted
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Benefit Of Gratuity Act Cannot Be Denied To An Employee By Designating Him As A Trainee : Kerala HC
An employee cannot deny the benefit of Gratuity Act to an employee by designating him/her as trainee while extracting regular work from him, the Kerala High Court has observed. Justice AM Badar observed that a trainee is not excluded from
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[S. 311 CrPC] Accused Has A Right To Summon Any Evidence/Witness Relevant For Proper Appreciation Of Prosecution Evidence: Allahabad High Court
In a significant order, the Allahabad High Court allowed an application for recall of witness moved by an accused under Section 311 of CrPC, while holding that the same is a matter of right, when it comes to proper appreciation
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Allahabad High Court Extends Protection To Same Sex Couple, Acknowledges The Stark Reality of Discrimination Faced By The Community In The Society
The Allahabad High Court granted protection from harassment to a homosexual couple from Uttar Pradesh, while citing the Supreme Court's landmark verdict in Navtej Singh Johar & Ors. v. Union of India, (2018) 10 SCC 1. ”The petition highlights the
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Explain Statutory Powers Under Which Online Betting For Horse-Racing Was Allowed: Karnataka High Court To State Govt
The Karnataka High Court has directed the State government to respond to a public interest litigation filed challenging the approval given by the State government to the Bangalore Turf Club Limited to conduct on-line betting for horse-racing. A division bench
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Temple Lands Shall Not Be Alienated Or Used Against Interests Of Temple: Madras High Court Directs To Retrieve Encroached Temple Properties
The Madras High Court has directed the HR & CE Department to initiate appropriate action to retrieve land belonging to temples by removing all encroachments. Justice R. Mahadevan also directed that the the lands belonging to the subject temples shall
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Producing Victims & Suspects Before Media By Police Violates Article 21 & Encourages Media Trials: Madhya Pradesh High Court
In a significant ruling, the Madhya Pradesh High Court held that production of victims and suspects before the media, as well as disclosure of personal information of the suspects to the media or display of their photographs in newspapers or
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Supreme Court Directs Airtel, Vodafone To Disclose Details About ‘Segmented Offers’ To TRAI
The Supreme Court has directed Airtel, Vodafone to disclose information/details sought by Telecom Regulatory Authority of India regarding segmented offers. But it is the duty and responsibility of TRAI to ensure that such information is kept confidential and is not
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Court Cannot Take Cognizance Of A Private Complaint Against Notary Public For His/Her Official Acts: Kerala HC
The Kerala High Court has observed that no court shall take cognizance of any offence committed by a notary public in exercise or purported exercise of his functions under the Act except upon a complaint in writing made by an
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SEBI issues Circular regarding Enhancement of Overseas Investment limits for Mutual Funds
SEBI has per Circular No. SEBI/HO/IMD/DF3/CIR/P/2020/225 decided to enhance the investment limits for Mutual Funds. Now, Mutual Funds can make overseas investments subject to a maximum of US $ 600 million per Mutual Fund, within the overall industry limit of
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Investigating Agency Cannot Retain Username/Password Of Accused Person’s Social Media Platform: Karnataka High Court
The Karnataka High Court has held that an investigating agency cannot retain the username and password of the social media platform of the accused person during the investigation. The Court said that the investigating agency should download and store the
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RBI Penalizes Central Bank of India to the Tune of ₹ 50 lacs.
The RBI vide order dated 10.11.20 sanctioned the Central Bank of India for non-compliance with directions given w.r.t housing loans, with a fine of ₹ 50 lacs. The RBI had through an earlier circular of 2013 on ““Housing Sector- Innovative Housing
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[Dishonour Of Cheque] Once Intention Of Drawer To Not Make Payment Is Clear, Drawee Need Not Wait For 15 Days To File Complaint: Allahabad High Court
While interpreting Section 138 of the Negotiable Instrument Act, 1881, the Allahabad High Court has held that once the intention of the party is clear that it does not wish to make payment, the Complainant need not wait for the
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CCI Directs Investigation Against Google Pay For Alleged Abuse Of Dominant Position
The complaint before CCI raised the following issues: (a) mandatory use of Google Play's payment system for purchasing the apps & IAPs in the Play Store and (b) excluding other mobile wallets/UPI apps as one of the effective payment options
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Default Bail Cannot Be Denied To Accused Just Because He Filed Application U/S 439 Instead of 167(2) CrPC : Delhi High Court
In a landmark ruling, the Delhi High Court has granted bail in a case where the accused was prepared to furnish bail and comply with the conditions under Section 167(2) of the Code of Criminal Procedure (CrPC) but had submitted
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Bail Can’t Be Refused On Ground That It Will Encourage Vigilantism Or Send Wrong Message To Society : Kerala High Court
While granting bail to three women who were accused of assaulting a YouTuber over a vulgar video, the Kerala High Court said it does not approve of vigilantism shown by them. The fact that granting bail to the applicants would
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Digital/Online Media Brought Under Purview Of Ministry Of Information & Broadcasting
Digital/Online media has been brought under the purview of Ministry of Information and Broadcasting. The Second Schedule of the Government of India (Allocation of Business) Rules has been amended to include following entries viz. Films and Audio-Visual programmes ,News and
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POCSO Act : Kerala High Court Upholds Constitutionality Of Reverse Burden Of Proof Under Sections 29 & 30
In a notable judgment, the Kerala High Court has upheld the constitutional validity of Sections 29 and 30 of the Protection of Children from Sexual Offences Act(POCSO Act) which creates a reverse burden of proof on the accused. A single
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Allahabad High Court Holds That 3 Years Limitation For Filing Claim Petition Is Applicable To All Insurance Policies Irrespective Of Its Terms
Giving huge relief to farmers and other marginalised sections of the society, the Allahabad High Court held that the period of limitation of 75 days for filing a claim under Government insurance schemes, particularly the Mukhyamantri Kisan Avam Sarvahit Bima
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[NCC Act] “Person Cannot Be Denied A Legitimate Right Only Because She is A Transgender”, Observes Kerala High Court
"Person cannot be denied a legitimate right only because she is a transgender", noted Justice Devan Ramachandran while hearing a plea filed by a transwoman, challenging Section 6 of the National Cadet Corps Act, 1948 as illegal and ultra vires
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Minor’s Consent For Sexual Intercourse Relevant For Deciding Bail Application Of ‘Rape’ Accused: Himachal Pradesh HC
The Himachal Pradesh High Court has granted bail to a man accused of 'raping' a minor girl on the ground that the girl had consented to the sexual intercourse."Although, she could not have consented for sexual intercourse as well as
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Leading Peaceful, Non-Violent Procession Is A Fundamental Right: Kerala High Court Quashes Criminal Proceedings Against Ex-MLA
Leading peaceful and non violent procession is a fundamental right under Article 19(1)(a) and 19(1)(b) of the Constitution of India, the Kerala High Court observed while quashing criminal proceedings against former MLA Dominic Presentation. A criminal case offence under Secs
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Filing Of Writ Petition Only For Directions To Create Awareness Regarding Certain Laws Is Not Proper: Allahabad High Court
The Allahabad High Court observed that the filing of Writ Petition, praying for directions to create awareness regarding certain laws is not proper and that “it appears that such petitions are filed only for the sake of popularity.” The Bench
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Establishment of Branch Office (BO) / Liaison Office (LO) / Project Office (PO) or any other place of business in India by foreign law firms
No fresh permissions/ renewal of permission shall be granted by the Reserve Bank/AD Category-I banks to any foreign law firm for opening of Liaison Office in India, till the policy is reviewed based on, among others, final disposal of the
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DNA Test For Paternity Most Authentic For Wife To Establish That She Had Not Been Unfaithful, Adulterous Or Disloyal: Allahabad High Court
The Allahabad High Court observed that D.N.A. Test is the most legitimate and scientifically perfect means, which the husband could use, to establish his assertion of infidelity. The Bench of Justice Vivek Agarwal further held, "This should simultaneously be taken
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Mere Registration Of Multiple Cases Not A Ground To Cancel Bail: Karnataka High Court
The Karnataka High Court dismissed a petition filed by a rape survivor seeking to cancel bail granted to the accused on the ground that he is a habitual offender and has similar cases registered against him. Justice H P Sandesh
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Seriousness Of Crime Not A Ground To Deny Premature Release To A Life Convict; Reformative Element To Be Considered: Bombay High Court
The Goa Bench of the Bombay High Court observed that merely stating that the crime committed by convict was a serious one, without anything else, cannot be a good ground to refuse premature release. A Bench of Justices MS Sonak
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[Income Tax] Providing Information Regarding Ongoing Investigation To Its Informer Is Inappropriate, Injurious: Delhi High Court
The Delhi High Court has cautioned that providing information regarding an ongoing investigation in an income tax case to its informer is not only inappropriate, but also injurious to the investigation. The observation was made by a Bench of Justice
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Delhi HC Restraints A Bakery From Using The Mark ‘FACEBAKE’ In A Trademark Suit Filed By Facebook
Delhi High Court has restrained a bakery from using the mark 'FACEBAKE' in a trademark infringement suit filed by Facebook. While issuing notice to the Defendant bakery, the Single Bench of Justice Rajiv Shakdher noted that if interim relief is
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‘No Violation Of Right To Privacy When Matter Already In Public Domain’, Telangana High Court Allows Release Of RGV Movie “Murder”
The Telangana High Court gave a green signal for the release of Ram Gopal Varma's Telugu film 'Murder' which is based on the real-life incident, wherein a Dalit youth, Pranay Perumalla was assassinated in 2018 in broad daylight by killers,
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Madras High Court Permits Private Educational Institutions To Collect Balance 35% Tuition Fee For Current Academic Year
Taking note of the scant possibility of reopening of schools for physical classes during this academic year, the Madras High Court on Wednesday permitted private educational institutions to collect 35% of the balance tuition fee for the academic year 2019-2020.
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Common Order For Summoning In Different Cases Cannot Be Passed When Parties Are Unrelated: Delhi High Court
The Delhi High Court made it clear that a common order for summoning Respondents, in different cases filed by a common Petitioner, cannot be passed when the Respondent parties are unrelated. A Single Bench of Justice Anu Malhotra quashed a
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No Limitation Period For Filing Motor Accident Claim Petition; Amendment Introducing Six Months Cap Yet To Be Notified, Clarifies Allahabad High Court
The Allahabad High Court made it clear that amendments proposed to Section 166 (Application for compensation) of the Motor Vehicles Act, 1988 are yet to be notified. Thus, the proposed limitation period of six months for filing a claim petition
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Lakshmi Vilas Bank placed under moratorium; withdrawals capped at Rs 25,000
The sudden announcement to impose a moratorium that restricts LVB customers from withdrawing money for a month is ostensibly aimed at facilitating the 'deal' and saving a failed bank. DBS, backed by the Singapore government, is a more eligible suitor
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Presumption Of Service Of Notice U/ S 27 Of General Clauses Act Applicable On Service Of Demand Notice U/S 138 Of NI Act: Tripura High Court
The Tripura High Court has held that once a demand notice, issued under the Negotiable Instruments Act, 1881 in case of dishonour of cheque is dispatched by post to the correct address, the part of the payee is over and
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Plea Seeking Period Leave For Women Employees: Delhi HC Directs Centre To Consider It As Representation
Delhi High Court has directed the Union of India to consider as a representation, a plea seeking period leave and facilities of periodic rests, separate and clean toilets and provision of sanitary napkins to woman employees during menstruation period. The
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Refusal Of Marriage Proposal Cannot Be ‘Grave And Sudden Provocation’ For Murder : Karnataka High Court
The Karnataka High Court has rejected the defence of 'grave and sudden provocation' taken by a jilted lover who murdered a girl on her refusal to accept his marriage proposal. A division bench of Justices Sunil Dutt Yadav and Justice
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Bar Council Cannot Suspend Licence To Practice While Referring Complaint Against Lawyer To Disciplinary Committee: Punjab & Haryana HC
The Punjab and Haryana High Court has quashed a resolution passed by Bar Council of Punjab and Haryana suspending the licence of practice of a lawyer who allegedly posted derogatory comments in Facebook about the judiciary and lawyers. The Court
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Order Of Commercial Court U/Sec 9 Of Arbitration & Conciliation Act Appealable: Kerala High Court
An order under Section 9 of the Arbitration and Conciliation Act, passed by a Commercial Court below the level of a District Judge is appealable under Section 13(1) of the The Commercial Courts, Commercial Division and Commercial Appellate Division of
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Public Interest Litigation Filed Purely On The Basis Of News Paper Report Is Not Maintainable: Kerala High Court
Public Interest Litigation filed purely on the basis of paper report is not maintainable, the Kerala High Court observed. The bench comprising the Chief Justice S. Manikumar and Justice Shaji P. Chaly dismissed a PIL filed by a social worker
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RBI Reiterates its Position on Banks Granting Approval for Foreign Law Firms Opening Liaisoning Offices (LOs) in the Country.
The nation’s central bank vide circular dated 23/11/2020 [A.P. (DIR Series) Circular No. 07] has reiterated its stance that no “no fresh permissions/ renewal of permission shall be granted by the Reserve Bank/AD Category-I banks to any foreign law firm
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Dishonour Of Cheque: Specific Averments To Be Mentioned, Not Enough To Allege That the Accused Was CEO Or Director Of Company: Delhi High Court
The Delhi High Court has passed an order quashing criminal proceeding against the former CEO of a company in a cheque dishonour case, holding that as no specific allegations or averments against the former CEO, regarding her alleged role either
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Section 14 Limitation Act Has No Application In Criminal Proceedings: Chhattisgarh High Court
The Chhattisgarh High Court has observed that the Section 14 of the Limitation Act, 1963 has no application in criminal proceedings. Section 14 provides for exclusion of time spent in proceedings bona fide, in a Court which lacked jurisdiction. The
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Avoidance Application Cannot Be Adjudicated By NCLT After Approval Of Resolution Plan: Delhi High Court
The Delhi High Court has held that an application for avoidance of a preferential transaction, though filed prior to the Resolution Plan being approved, cannot be heard and adjudicated by the NCLT, at the instance of the Resolution Professional, after
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Private Financial Institutions May Be Performing Public Duties but Can’t Be Considered ‘State’ Under Article 12 Of Constitution: Allahabad High Court
The Allahabad High Court reiterated that private financial institutions, carrying business or commercial activity, may be performing public duties, but cannot be considered to be covered under the definition of "State" under Article 12 of the Constitution. The observation was
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What Is ED’s Legal Power to Ask Banks To Freeze Amnesty India’s Accounts? Karnataka High Court Asks
The Karnataka High Court has directed the Enforcement Directorate (ED) to disclose the power under which it has written to the banks directing them to freeze accounts of international human rights body Amnesty International's India offices (M/s Indians for Amnesty
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Live-in Relationship Between Consenting Adults Not An Offence: Allahabad High Court
Observing that a live-in relationship between two consenting adults is not an offence, the Allahabad High Court recently granted police protection to a couple who wanted to live together. The High Court observed that it is "settled the law that where
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An HIV Positive Patient Can’t Be Punished For ‘Attempt To Murder’ For Sex Without Woman’s Consent: Delhi High Court
The Delhi High Court ruled that an HIV positive patient can't be convicted for an offence punishable under Section 307 of the IPC (attempt to murder), if he had sexual intercourse without woman's consent. The Bench of Justice Vibhu Bakhru
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‘Important To Proceed Against Uniformed Criminals’: Calcutta High Court Directs Action Against Police Officer For Misuse Of Section 41A CrPC
Coming down heavily on the police for attempting to harass a citizen by misusing Section 41A of the Code of Criminal Procedure, the Calcutta High Court has directed the Director General of Police to initiate inquiry against the concerned investigating
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‘When No Minimum Sentence Is Prescribed, Accused is Entitled to Default Bail If Charge-Sheet Not Filed In 60 Days’: Delhi High Court Grants Bail To Journalist Rajeev Sharma
The Delhi High Court granted bail to journalist Rajeev Sharma, who was arrested for allegedly leaking sensitive information to Chinese intelligence. The court observed that an accused is entitled to default bail if chargesheet is not filed in 60 days,
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Delhi High Court Restrains Publishers from Creating Audio Books From The Novels Of Hindi Novelist Anil Mohan
In a first, the Delhi High Court restrained publishers (5 in number) from creating audiobooks from the plaintiff's (Anil Mohan Bhardwaj) novels in which he claimed that he has subsisting valid copyright without his written consent. The Bench of Justice
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N95 Is A Generic Term: IPAB Stays Operation of Registration Of N95 Trademark
The Intellectual Property Appellate Board has stayed the operation of registration of 'N95' as trademark. The term N95 is a generic term in the mask industry, the same is not capable of being neither registered or protected as trademark nor
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Regulations, audit for UCBs & NBFCs to be brought on par with banks: RBI
Non-banking finance companies (NBFCs) have got special attention in the latest monetary review with Reserve Bank of India (RBI) governor Shaktikanta Das making the central bank's commitment to ensure these entities are strong and robust while also announcing tighter regulations
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Manual Scavenging Most Inhuman; Violates Article 21 : Karnataka High Court Issues Directions To Implement Manual Scavengers Act 2013
The Karnataka High Court on Wednesday issued several directions to the state government to ensure proper implementation of the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. A division bench of Chief Justice Abhay
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Kerala High Court Stays NCLT Order Which Held That March 24 Notification Raising IBC Threshold As Rs One Crore Will Apply Only Prospectively
The Kerala High Court stayed the order of the National Company Law Tribunal (NCLT) Kochi bench which held that the March 24 notification raising the threshold limit for insolvency proceedings as Rupees One Crore will apply only prospectively. In the
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ICICI Bank to be designated bank for all financial transactions under National Health Mission in West Bengal
ICICI Bank has won the mandate to be the designated bank for all financial transactions under National Health Mission (NHM) in West Bengal, outbidding State Bank of India and other public sector lenders despite their bigger presence in the state.
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New dividend policy not to affect most NBFCs: Report
The new dividend distribution policy for non-banking lenders is unlikely to impact most of them as their payout ratios have been hovering at 10-20 for the past three years, according to a report. The Reserve Bank of India on December
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Delhi High Court (FB) Mandates Filing Of Convict’s Income Affidavit & Victim Impact Report To Determine Compensation U/S. 357 CrPC
Holding that Section 357(3) of CrPC for payment of compensation to victims is a mandatory provision, the Delhi High Court recently issued directions to the Trial Courts to take steps to implement the same. Section 357(3) empowers the Court to
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Transgenders To Be Included as Separate Gender Category in NCRB Reports: Centre Informs Delhi High Court
The Centre today informed the Delhi High Court that transgenders shall now be included as a separate gender category in Prison Statistics Report prepared by the National Crime Records Bureau (NCRB). The Additional Solicitor General Chetan Sharma submitted this before
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Rape Trial: Supreme Court Issues Notice On Bail Application Upon Accused’s Plea That Victim Aged 17 Yrs 8 Months Had Consented To Act
Noting the submission that allegedly the victim had consented to the act, the Supreme Court on Monday issued notice on a bail plea of a man accused of rape of a girl, who was a minor aged 17 years 8
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Mere Discrimination On Ground Of ‘Sex’ Without Sexual Undertones Not ‘Sexual Harassment’ Under POSH Act: Kerala High Court
The Kerala High Court has held that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, does not contemplate a situation of discrimination on the basis of sex if there is no express or implied sexual
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Delhi High Court Seeks Reply From RBI, SEBI, NPCI On Plea Seeking Regulation Of GooglePay, AmazonPay, PhonePe Etc
The Delhi High Court sought reply from the Ministry of Law, Finance Ministry, RBI, SEBI, and National Payments Corporation of India (NPCI) on a public interest litigation seeking regulation of the entry and operations of "tec-fin" companies like GooglePay, AmazonPay,
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Delay In Constituting NCLAT Chennai May Amount To Contempt Of Supreme Court’s Direction: Madras High Court
The Madras High Court on Monday observed that the delay in establishing a Bench of NCLAT in Chennai may amount to contempt of the Supreme Court's direction in the Swiss Ribbons case to establish circuit Benches of the Tribunal. A
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Court Fees When Remains Unutilized Shall Be Refunded Without Insisting For Court Orders: Delhi High Court
Delhi High Court has held that the State is bound to refund the Court Fees when remains un-utilized shall be refunded without insisting for court orders. The Court was of the view that while making the payment of court fees,
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Public Institutions Should Make Their Orders Available Online As Part Of Good Governance: Delhi High Court
The Delhi High Court recently observed that all institutions, especially those providing services to the public, should make it a point to make all their orders, notices and other documents available online. The order was passed by a Single Bench
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Rape-Marriage Promise Can’t Be Called Inducement When Sexual Activity Continues Over Indefinite Period Of Time: Delhi High Court
"A promise of marriage cannot be held out as an inducement for engaging in sex over a protracted and indefinite period of time", remarked the Delhi High Court on Tuesday (15th Decemer) while dismissing the appeal filed by a woman
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Anticipatory Bail Can Be Granted Even After Chargesheet Has Been Filed: Allahabad High Court
The Allahabad High Court held that anticipatory bail can be granted even after a chargesheet in the criminal case has been filed. This decision was given by a single bench of Justice Siddharth, on 8th December, in a pre-arrest bail
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Change Of Name Is A Part of Right To Expression Under Article 19 & Article 21 of Constitution of India: Allahabad High Court
The Allahabad High Cour held that change of name is an expression guaranteed under Article 19 (1) (a) of the Constitution of India.A Single Bench of Justice Pankaj Bhatia observed, "The individual 'name' is a facet of right of expression,
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Monetary policy transmission of PSU banks stronger than private lenders: RBI paper
The monetary policy transmission of state-owned banks in the short-run is stronger than their counterparts in the private sector, and can be improved further with capital infusion, said a RBI working paper. The credit channel of monetary policy transmission is
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‘Give Complete Details Of Criminal Antecedents Of Applicants In Bail Orders’: Allahabad High Court Directs Trial Courts
The Allahabad High Court on directed the Courts below to "give a complete details of the criminal antecedent(s), if any, of the applicant(s)/accused before them or record the fact that there are no criminal antecedent(s) of the said person(s) if
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Husband’s Appointment On Compassionate Ground Won’t Take Away His Fundamental Right Of Remarriage: Allahabad High Court
The Allahabad High Court ruled that the petitioner (Husband) employed on compassionate basis on the death of his wife, won't be precluded from re-marrying. The Bench of Justice Pankaj Mithal ruled, "Merely because petitioner has been appointed on compassionate basis,
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Entries In Balance Sheet Do Not Amount To Acknowledgment Of Debt Under Sec 18 Limitation Act : NCLAT Declines Reference Against ‘V Padmakumar’ Decision
A five-member Bench of the National Company Law Appellate Tribunal turned down a reference made by a three-member Bench, seeking re-consideration of the decision in V. Padamakumar Vs. Stressed Assets Stabilization Fund (SASF) & Anr where it was held that
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IBC suspension likely to be extended by 3 more months amid Covid crisis
The government is likely to extend the suspension of the bankruptcy code by another three months to prevent companies from being forced into insolvency proceedings due to debt defaults triggered by the Covid-19 crisis.The government had suspended fresh proceedings under
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Failure Of Assessing Officer To Comply With Section 144C Of Income Tax Act Invalidates Assessment Order : Delhi High Court
The Delhi High Court held that the failure of the assessing officer to adhere to the "mandatory requirement" of Section 144C(1) of the Income Tax Act, 1961, will invalidate the final assessment order. Section 144C(1), inserted in the Act by
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Writ Jurisdiction For Registration Of FIR Can’t Be Invoked Without Availing Statutory Remedies Under CrPC: Allahabad High Court
The Lucknow Bench of the Allahabad High Court observed that informants/ complainants should not directly invoke the writ jurisdiction of the High Court for direction to the Police to register an FIR on their complaints, but they should first avail
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S. 195 CrPC Doesn’t Bar Registration Of FIR For An Offence Under S. 188 IPC By Police: Madhya Pradesh High Court
The Madhya Pradesh High Court last month held that there is no bar under Section 195 of the Cr.P.C. in respect of registration of FIR, therefore, FIR for an offence under Section 188 of the IPC could be very well
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Internet Intermediary Not Liable For Actions Of Vendors On Online Marketplace : Karnataka High Court Quashes Case Against Snapdeal
The Karnataka High Court has ruled that an intermediary as defined under the Information Technology Act or its directors/officers would not be liable for any action or inaction on part of a vendor/seller making use of the facilities provided by
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Is RBI bound to cancel registration of NBFCs that violate terms of certificate of registration? Kerala High Court answers
The Kerala High Court has ruled that the Reserve Bank of India (RBI) is not bound to cancel the registration granted to a Non-Banking Finance Company (NBFC) for failing to adhere to the conditions mandated by their certificate of registration
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In Digital Era, Employees Working In Different States To Be Treated As ‘One Work Place’ For Purposes Of Sexual Harassment At Workplace: Rajasthan High Court
The Jaipur Bench of the Rajasthan High Court has made it clear that in the digital age, posting of the Complainant in a different state from the accused would not be a barrier in prosecuting the latter for sexual harassment
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GST Authorities’ Power Of Arrest Under CGST Act Prima Facie Constitutional : Delhi High Court
The Delhi High Court has expressed a prima facie view to uphold Sections 69 and 132 of the Central Goods and Service Tax (CGST) Act provision which gives the authorities the power to arrest any person if there exists a
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Authorities Need To Be Told That Right To Property Has Close Nexus With Right To Life Under Article 21: Madras High Court
In a significant observation, the Madras High Court said that State Authorities need to be told that the Right to Property has close nexus with Right of Life under Article 21 of the Constitution of India. This observation by Justice
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Freedom Of Speech & Expression Can’t Be Curtailed By State But Balance Needs To Be Struck With Public Order & Security: Calcutta High Court
Underlining that fundamental rights to freedom of speech and expression and to assemble peacefully cannot be curtailed by the State, the Calcutta High Court observed, "A balance has to be struck between the rights of the petitioners and public order
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‘Virtually Gives 360-Degree Profile Into A Person’s Online Activity’: Whatsapp’s New Privacy Policy Challenged In Delhi High Court
A writ petition has been filed in the Delhi High Court challenging the new Privacy Policy introduced by instant messaging app, WhatsApp, as being violative of the citizens' Right to Privacy and threatening the National Security of India. The petition
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Writ Jurisdiction Cannot Be Extended Against The Rejection Of Nomination Papers At An Intermediate Stage Of Gram Panchayat Elections: Bombay HC
A full bench of the Bombay High Court comprising of Chief Justice Dipankar Datta, Justice A.S. Gadkari and Justice G.S. Kulkarni held that a writ petition under Art. 226 challenging the rejection of nomination papers by the Returning Officer cannot
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Delhi High Court Stays Order Of Rs. 96 lakh Penalty Imposed By Financial Intelligence Unit To PAYPAL, Notice Issued To RBI
The Delhi High Court stayed a Financial Intelligence Unit order imposing a penalty of Rs 96 lakh on payment service PayPal (PayPal Payments Pvt Ltd v. Financial Intelligence Unit). The stay is subject to PayPal depositing a bank guarantee of
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Payment gateways still charge for UPI, RuPay
Most payment gateway service providers are continuing to charge merchants a fee for enabling and using the Unified Payments Interface (UPI) and RuPay cards despite a government notification making it illegal to do so. According to banking sources, the Central
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RBI forms working group to regulate digital lending through loan apps
The Reserve Bank of India has set up a working group to regulate digital lending through mobile applications amid growing concerns surrounding the unsupervised growth of loan platforms across the country. “Recent spurt and popularity of online lending platforms/ mobile
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‘It’s A Private App, If You Don’t Want To, Don’t Use It’: Delhi High Court on Plea Against WhatsApp’s Updated Privacy Policy
Observing that WhatsApp is a 'private app' and that the users voluntarily use the app even though they have the option to not use it, the Delhi High Court said that it will only issue notice in the petition once
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Media Trial During Investigation Interferes With Administration Of Justice; Amounts To Contempt Of Court : Bombay High Court
In a significant pronouncement, the Bombay High Court held that media trial during criminal investigation interferes with administration of justice and hence amounts to 'contempt of court' as defined under the Contempt of Courts Act, 1971. The Court also held
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‘Malice’ Is Not A Ground To Challenge A Law Made By Legislature : Supreme Court
The Supreme Court has observed that 'malice' is not a ground to challenge a law made by legislature. The bench comprising Justices RF Nariman, Navin Sinha and KM Joseph observed in its judgment upholding the constitutional validity of Sections 3,
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Benefit Of Probation (PO Act) Is Not Excluded By Mandatory Minimum Sentences Prescribed For IPC Offences: Supreme Court
The Supreme Court has observed that the benefit of probation under Probation of Offenders Act, 1958 is not excluded by the provisions of the mandatory minimum sentence prescribed for offences under Indian Penal Code. In this case, the accused were
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A 23-year-old woman is free to move about “as per her own wish:” Bombay High Court
A 23-year-old woman is a major who is free to move about as she pleases, the Bombay High Court observed on Tuesday while disposing of a Habeas Corpus plea to secure the presence of the woman who was allegedly kept
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Trial Judge bound to summon defence witnesses unless it vexes, delays or defeats justice: Kerala High Court
The Kerala High Court examined the question of whether a Trial Judge could refuse to summon certain witnesses sought to be examined by an accused in criminal trials. (Antony Rosario Fernando v. State of Kerala). A Bench comprising of Justice
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Criminal Court Exercising Bail Jurisdiction Is Not Expected To Act As Recovery Agent To Realize Dues Of Complainant: Supreme Court
The Supreme Court observed that a criminal court, exercising jurisdiction to grant bail/anticipatory bail, is not expected to act as a recovery agent to realise the dues of the complainant. The bench comprising Justices Indira Banerjee and Sanjiv Khanna observed
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CBI registers FIR against Cambridge Analytica, Global Science Research heads for 2018 Facebook data leak
The Central Bureau of Investigation (CBI) has lodged an FIR against Alexander Nix and Aleksandr Kogan - representatives of Cambridge Analytica and Global Science Research Limited - for their involvement in the illegal harvesting of data through Facebook that took
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RBI withdraws 3 circulars on excess pension recovery after discovering anomalies
The Reserve Bank said rules regarding recovery of excess or wrong pensions are being flouted, and withdrew three circulars concerning the same. The RBI asked banks to seek guidance from respective pension sanctioning authorities regarding the process to be followed
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RBI proposes scale-based regulations for shadow banks
The Reserve Bank of India (RBI) has proposed a four-layered structure for regulating non-banking finance companies (NBFCs) aimed at tighter capital, lending and governance norms in order to prevent defaults such as those at Infrastructure Leasing & Financial Services (IL&FS)
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RBI paper suggests caps on NBFCs IPO, real estate financing, tighter regulations
A Reserve Bank of India (RBI) discussion paper on a new regulatory framework for non banking finance companies (NBFCs) has proposed a cap on lending by NBFCs to subscriptions in initial public offerings (IPOs) and in lending to real estate
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Google Meet- Gmail Integration: CCI Dismisses Plea Alleging Anti -Competitive Practices By Google
The Competition Commission of India has dismissed a complaint alleging abuse of dominant position by Google by integrating the Meet App into the Gmail App. Even though Meet tab has been incorporated in the Gmail app, Gmail does not coerce
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‘Whether Particular Device Be Adopted For Curbing Air Pollution Is Policy Matter’: SC Dismisses Plea To Mandate ‘Vehicular Mask’ For All Automobiles
The Supreme Court dismissed a plea to require the authorities to confirm efficacy of 'Vehicular Masks' in curbing air pollution and subsequently, make it mandatory for all vehicles to incorporate the device. "Whether a particular device should be adopted for
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Prima Facie Bias Or Mala Fide Exercise Of Power By State Authorities Necessary For Transferring A Case To CBI: Calcutta High Court
Calcutta High Court observed that the court is empowered to transfer an investigation to Central Bureau of Investigation (CBI) only where there is specific instance of bias or mala fide exercise of power on the part of State authorities. Justice
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Data Privacy Safeguards Are Sine Qua Non For Protecting Privacy Of Citizens Particularly When An App Is Required To Be installed At The Instance Of State: Meghalaya HC
The Meghalaya High Court has held that data privacy safeguards are sine qua non for the purpose of protecting the privacy of citizens, particularly when an app is required to be installed by a citizen at the instance of the
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IBC-Writ Jurisdiction Can Be Invoked Despite Availability Of Alternative Remedy If Allegation Pertains To Lack Of Jurisdiction Of NCLT: Calcutta High Court
The Calcutta High Court has held that a writ petition Article 226 of the Constitution, challenging the jurisdiction of NCLT in a matter, is maintainable despite existence of an alternate remedy in form of appeal before NCLAT. "Although a wrongful
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Delhi High Court Issues Notice On New Plea Against WhatsApp’s Privacy Policy Update
WhatsApp's notification of its new privacy policy, which was made mandatory for Indian users and optional for users from the EU, has triggered a host of petitions across the country challenging its application. The Delhi High Court issued notice on
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Asked WhatsApp To Review 2021 Privacy Policy’: IT Ministry Informs Parliament
The Central Government has asked Whatsapp to review its updated privacy policy of 2021 and to explain its rationale. ”In line with increasing number of internet users, mobile apps and new evolving technology, the practice of collection of personal data
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Single Judge Bench Can Take Cognizance And Decide Civil Contempt Petitions: Kerala High Court
The Kerala High Court has held that a Single Judge Bench can take cognizance and decide civil contempt petition.The Division Bench comprising the Chief Justice S. Manikumar and Justice Shaji P. Chaly struck down Rule 6 of the Contempt of
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Govt proposes Rs 20,000-cr recapitalisation for PSBs in 2021-22
Finance Minister Nirmala Sitharaman said the government would infuse Rs 20,000 crore into public sector banks (PSBs) in 2021-22, to meet the regulatory norms. For the current financial year also, the government had made a provision of Rs 20,000 crore
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All remaining 18,000 bank branches to be under CTS by Sep: RBI
As part of further improving, speeding up and fool-proofing the payments and settlement systems, the Reserve Bank on Friday said all the 18,000-odd branches which are outside the centralised clearing system called cheque truncation system will come under it by
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Commuting Life Sentence- Revaluate Cases For Remission After 14 Years Of Incarceration Even If Appeals Pending: Allahabad HC Directs UP Govt.
Expressing its displeasure over the fact that even after 14 years of incarceration, the State did not think of exercising its power of commuting life sentence of an accused, the Allahabad High Court last month directed the Uttar Pradesh Government
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“If Display Of Affection Between LGBT Partners Isn’t Indecent, It Can’t Be Bogged Down By Majority Perception:” Allahabad High Court Reinstates LGBT Member In Service
The Allahabad High Court quashed the order of the cancellation of the appointment of the petitioner (one Pramod Kumar Sharma) on account of a viral video of the petitioner. The Bench of Justice Sunita Agarwal noted that in the Counter
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“If There Is No Field In MCA Portal For Lawyers As Professionals To Register Companies/LLPS It Would Be Discriminatory”: Delhi High Court
Delhi High Court has directed Central Government to file an affidavit in the plea filed challenging the non-providing of a field for Advocates to register companies and LLPs on behalf of their clients in the current Ministry of Corporate Affairs'
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High Court Cannot Initiate Contempt For Violation Of Orders Of Karnataka Appellate Tribunal : Karnataka HC
The Karnataka High Court has held that it cannot initiate contempt proceedings for alleged breach of orders passed by Karnataka Appellate Tribunal (KAT) as it is not subordinate to the High Court, within the meaning of Section 10 of the
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Consumer Fora Has No Power To Accept Written Statement Beyond Period Of 45 Days, Reiterates Supreme Court
Consumer fora has no jurisdiction and/or power to accept the written statement beyond the period of 45 days, the Supreme Court reiterated in a judgment delivered by it. In this case, the National Consumer Disputes Redressal Commission, confirmed the order passed
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Denial Of Maintenance Allowance To Wife Causes “Economic Abuse” To Her Within The Meaning Of Domestic Violence Under DV Act: Tripura High Court
The Tripura High Court held that denial of maintenance allowance by a husband to his wife causes economic abuse to her within the meaning of sec. 3 of the Domestic Violence Act, 2005.A criminal revision petition was filed by the
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Lok Sabha Passes Arbitration & Conciliation (Amendment) Bill, 2021
The Lok Sabha passed the Arbitration and Conciliation (Amendment) Bill, 2021 by voice vote. The Bill was introduced in Lok Sabha on February 4, 2021 by Law Minister Ravi Shankar Prasad. It is already in force by way of an
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RBI restricts withdrawals from Independence Co-operative Bank, Nashik
The RBI has put restrictions on withdrawals from Independence Co-operative Bank Limited, Nashik because of the lender's present liquidity position. However, 99.89 per cent of the depositors are fully covered by the Deposit Insurance and Credit Guarantee Corporation (DICGC) insurance
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Microfinance sector shrinks by 4% in the nine-month period
The microfinance sector shrunk 4% in the nine months to December 2020, with the average loan size falling by 10% as lenders turned cautious amid the pandemic that derailed the robust repayment system on which the sector banks on. Combined
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Interim Bail In Habeas Petition Challenging Detention Only In Exceptional Circumstances: Madras HC
The Madras High Court has observed that interim bail in habeas corpus petitions challenging preventive detention can be granted only in exceptional circumstances, when it is made out that the intervention of the court is indispensable. Holding thus, a division
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Sessions Court Can’t Entertain Anticipatory Bail Pleas; Only Special POCSO Courts Are Empowered To Do So: Madras HC
The Madras High Court (Madurai Bench) ruled that the Special courts, as designated under the provisions of Protection of Children from Sexual Offences Act, 2012 [POCSO Act] alone are empowered to entertain pre-arrest bail petitions in respect of offences under
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Allahabad HC Orders Status Quo In Google’s Plea Against Ex-Parte Injunction Order Restraining Publication Of ED Proceedings Against UPSIDC Engineer
The Allahabad High Court granted interim relief to Google while ordering status quo in a writ petition against an ex-parte order of the Civil Judge, restraining the company from running or displaying news and YouTube video links relating to proceedings
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Bombay HC Deprecates Practice Of Eleventh-Hour Action In IPR Matters; Declines Injunction Against ‘Zee-Plex’
The Bombay High Court refused to grant ad-interim injunction against 'Zee' for using the word 'Plex' in its new online movie channel service observing that the practice of parties in IPR cases moving Court at the last minute cannot expect
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‘An Undertrial Can’t Be Kept In Jail For An Unlimited Period At The Mercy Of The Prosecution’, MP HC Raps Vidisha SP For Trying To Undermine The Authority Of The Court
The Madhya Pradesh High Court observed that an under trial cannot be kept in jail for an unlimited period at the mercy of the prosecution. The Bench of Justice G. S. Ahluwalia also rapped the Superintendent of Police, Vidisha for
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‘Access To Proper Medical Facility A Fundamental Right; State Has To Provide Appropriate Facilities’, U’khand HC
The Uttarakhand High Court observed that proper medical facility is one of the fundamental rights of every citizen. Appropriate medical facilities have to be provided by the State. The Bench of Acting Chief Justice Ravi Malimath and Justice R. C
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While Declining Bail To Juvenile Take Into Account Social Investigation Report & Not Merely Police Report: P&H High Court Directs JJ Boards
The Punjab & Haryana High Court directed the Juvenile Justice Boards across the States of Punjab and Haryana and the Union Territory, Chandigarh to record their reason for declining bail to a Juvenile and the circumstances that led to such
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Law Of Sedition Cannot Be Invoked To Quieten The Disquiet Under Pretence Of Muzzling Miscreants: Delhi Court
A Delhi Court granted bail to a 21 year old labourer who was accused of sedition and forgery for posting a fake video on his Facebook page relating to the senior officer of the Delhi Police in the wake of
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Citing SC Precedent, Karnataka High Court Quashes Criminal Case For Setting Up Bitcoin ATM
The Karnataka High Court has quashed and set aside the criminal case registered against founders of Unocoin company for setting up a Bitcoin ATM in Bengaluru in the year 2018. A single-judge bench of Justice H P Sandesh quashed and
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No Recovery Should Be Made At The Time Of Search/Inspection Under Any Circumstances: Gujarat High Court Directs GST Officials
In a crucial order, the Gujarat High Court directed the Central Board of Indirect Taxes and Customs as well as the Chief Commissioner of Central/State Tax of the State of Gujarat, inter alia, to make no recovery in any mode
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When A Man Marries A Woman Knowing Fully That She Was Not Legally Divorced From Her Earlier Marriage Can’t Plead Invalidity Of Marriage In 125 Proceedings: Chhattisgarh HC
The Chhattisgarh High Court has held that a man, who marries a woman knowing fully well that her earlier marriage has not ended in a valid divorce, is estopped from raising plea of invalidity of marriage in maintenance proceedings under
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Detention Of A Person Despite Furnishing Of Personal Bond Violative Of Article 21: Allahabad High Court
The Allahabad High Court has held that keeping a person in custody, despite his furnishing personal bonds as required by the magistrate, is violative of his right to personal liberty guaranteed under Article 21 of the Constitution. A Division Bench
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RBI sets up panel to suggest steps for strengthening, consolidating urban co-operative banks
The Reserve Bank set up a committee to draw a vision document for strengthening urban co-operative banks (UCBs) and exploring the potential of consolidation in the sector. The committee, to be headed by former RBI Deputy Governor N S Vishwanathan,
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India shortlists four banks for potential privatisation: Sources
Government has shortlisted four mid-sized state-run banks for privatisation, under a new push to sell state assets and shore up government revenues, three government sources said. Privatisation of the banking sector, which is dominated by state-run behemoths with hundreds of
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RBI issues draft guidelines for CDS, derivative contracts
Insurance companies, mutual funds, foreign portfolio investors, select companies, pension and alternative investment funds are among others that will be permitted buy protection against any possible default on select debt securities, the Reserve Bank of India said in a draft
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Setting Out Two Separate Prayers For Injunction, One For Infringement And Other For Passing Off A Singularly Unwise Practice: Bombay High Court
The Bombay High Court on Monday called for a halt on the practice of seeking the separate reliefs of injunction for passing off and infringement when pleadings were presented in respect of infringement. Describing the practice as singularly unwise, Justice
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Potentiality Of Acquired Land Has To Be Taken Into Consideration To Determine Market Value: Supreme Court
The Supreme Court observed that potentiality of the acquired land is one of the primary factors to be taken into consideration to determine the market value of the land. The question whether a land has potential value or not primarily
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Jurisdictional Objection Under Sec. 16 of Arbitration And Conciliation Act Has To Be Raised At Inception With Sense Of Alacrity: Delhi High Court
The Delhi High Court observed that a jurisdictional objection under sec. 16 of the Arbitration and Conciliation Act by its very nature would be one which has to be raised at inception, at the earliest stage. The Court also observed
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Non Issuance Of Duplicate Share Certificates Does Not Indicate Malice Of Company At The Inception Of Transaction: Calcutta High Court Quashes Cheating Case
The Calcutta High Court has quashed a criminal case of Cheating instituted against a company and its Directors over non-issuance of duplicate share certificates to the complainant, claiming to be a shareholder in the company. A Single Bench of Justice
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Arbitration reference not maintainable if filed after admission of insolvency resolution petition u/s 7 IBC: SC
The Supreme Court observed that in any proceeding which is pending before the Adjudicating Authority under Section 7 of Insolvency and Bankruptcy Code, if such petition is admitted upon the Adjudicating Authority recording the satisfaction with regard to the default
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Insolvency Process maintainable against corporate guarantor even if principal borrower is not a corporate person: SC
The Supreme Court has held that the principal borrower need not be a "corporate person" for insolvency process to be initiated against a company which stood as its guarantor. "Corporate Insolvency Resolution Process under Section 7 of the Insolvency and
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Delhi High Court rejects RBI appeal against order for reconsideration of JSPL Plea for $300 million remittance to Mauritius subsidiary
The Delhi High Court dismissed an appeal by the Reserve Bank of India (RBI) against an earlier order of a Single-Judge which had directed the RBI to reconsider an application by Jindal Steel and Power Ltd (JSPL) to transmit $300
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Supreme Court allows appeal by Tata Sons against NCLAT order allowing reinstatement of Cyrus Mistry as Chairman
In a big win for Tata Sons Ltd, the Supreme Court allowed its appeal against the order of the National Company Law Tribunal, which had ordered to reinstate the ousted Chairman Cyrus Mistry. The Court allowed the appeal of Tata
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No compound or penal interest be charged from borrowers during moratorium period, directs SC
The Supreme Court refused to extend the loan moratorium for pandemic-hit borrowers but said penal interest shouldn’t be recovered on deferred payments, except in cases of willful default. It rejected a plea for the full waiver of all interest on
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SC verdict on compound interest/penalty refund not to impact banks as govt to reimburse: Yes Securities
Yes Securities, the broking and investment arm of Yes Bank, on Wednesday said the Supreme Court directive on loan moratorium due to pandemic has brought the much needed clarity and there will not be any financial impact on the banks
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Delay- “Rip Van Winkles Have a Place in Literature, But Not in Law”: Allahabad High Court
The Allahabad High Court observed that the rule of delay and laches, as a policy of litigative repose, creates certainty in legal relations and curtails fruitless litigation thereby ensuring that the administration of justice is not clogged by pointless litigation.
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India to inject $2 billion capital in four weakened state banks
India will infuse 145 billion rupees ($2 billion) into four state-run banks to help strengthen capital buffers and potentially free some of the lenders from regulatory curbs. Central Bank of India, Indian Overseas Bank, Bank of India and UCO Bank
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Yes Bank loan fraud: ED files charge sheet against Mumbai realty firm owners, others
The Enforcement Directorate (ED) has filed a charge sheet in connection with its money laundering probe against Mumbai-based realty group Omkar Realtors and Developers linked to alleged illegal diversion of Yes Bank loan funds worth over Rs 400 crore. In
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‘Proclaimed Offender’ Declaration Under Section 82(4) CrPC Cannot Be Made Against Person Accused Of Sections 406, 420 IPC : Delhi High Court
The Delhi High Court has held that a person accused of offences under Section 406(criminal breach of trust), 420(cheating) and 120B(criminal conspiracy) under the Indian Penal Code(IPC) cannot be declared as a 'proclaimed offender' under Section 82(4) of the Code
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Second Appeal: Judgment Should Not Be Interfered With By High Court Unless There Is A Substantial Question Of Law, Reiterates Supreme Court
The Supreme Court reiterated that, the judgment of the First Appellate Court should not be interfered with by the High Court in exercise of its jurisdiction under Section 100 of the Code of Civil Procedure, unless there is a substantial
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DRT Cannot Adjudicate Civil Rights Claimed Vis-a-Vis Security Interest Which Are Outside Sec 13/17 SARFAESI : Bombay High Court
A division bench of the Bombay High Court (Nagpur Bench) has delivered an elaborate judgment on the issue of the jurisdiction of the civil courts vis-a-vis the Debts Recovery Tribunal with respect to the security interest under the SARFAESI Act.
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Fourth Challenge To New IT Rules : Kannada News Portal ‘Pratidhvani’ Moves Karnataka High Court
The Karnataka High Court adjourned by two weeks a petition filed by "Truth Pro Foundation India (TPFI)", a non-government organisation that runs the Kannada news portal Pratidhvani, challenging the recently notified Information Technology(Intermediary Guidelines and Digital Media Ethics Code) Rules,
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Maharashtra Government Notifies Appellate Authorities Under POSH Act After Filing Of Art. 226 Petition Before Bombay High Court
Over seven years after coming into force of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act and Rules in 2013, the Maharashtra Government issued a notification appointing the Appellate Authority under the Act. The Industries, Energy
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HC Under Article 226 Should Not Entertain A Dispute Which Is Arbitrable Unless There Is An Issue Of Public Interest: Supreme Court
The Supreme Court observed that ordinarily a High Court in its jurisdiction under Article 226 of the Constitution has to decline to entertain a dispute which is arbitrable, unless there is a fundamental issue of public interest. The bench comprising
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Delhi High Court Seeks Status Report In Plea Seeking Constitution of SIT To Investigate Into Alleged Digital Fraud And Click Fraud Scam By Facebook
The Delhi High Court sought Delhi Police Cyber Cell's status report in a plea pertaining to alleged click fraud and other digital criminal frauds hatched by Facebook thereby seeking directions on Union of India, Delhi Police and Cyber Crime Cell
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President Promulgates IBC Amendment Ordinance To Allow Pre-Packaged Insolvency Process For MSMEs
The Central Government has promulgated Insolvency and Bankruptcy Code(Amendment) Ordinance 2021 to allow pre-packaged insolvency resolution process for corporate debtors classified as micro, small or medium enterprises under the Micro, Small and Medium Enterprises Development Act, 2006. The Ordinance amends
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President Promulgates Tribunals Reforms Ordinance; High Court Made Appellate Body Of Many Tribunals
The Central Government has notified the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, to dissolve certain existing appellate bodies and transfer their functions to other existing judicial bodies. Whereas a Bill to the above effect as introduced in
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Delhi High Court Rejects Britannia’s Plea Of Trademark Infringement Against ITC’S Sunfeast Digestive Biscuits
A single judge bench of Justice C Hari Shankar of the Delhi High Court dismissed a petition by Britannia Industries Ltd against ITC Ltd for alleged trademark infringement and passing off by ITC's Sunfeast Farmlite Digestive Biscuits, of Britannia's NutriChoice
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‘Successive Commission Of Economic Offences Prejudicial To Maintenance Of Public Order’: Telangana HC Upholds Preventive Detention For White Collar Crimes
The Telangana High Court made significant remarks with respect to the menace of increasing white collar crimes in the country, the consequent fear among the general public and the calling need to deal with such offences with 'iron hand’. "Unfortunately,
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Cases Where Anticipatory Bail Can Be Granted Even After Submission Of Charge Sheet: Allahabad High Court Issues Guidelines
The Allahabad High Court observed that non grant of anticipatory bail to an accused only on the ground that charge-sheet has been submitted by the Investigating Officer or cognizance has been taken by the Court against him under sec. 204
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POCSO- “Right Of Minor Victims To Participate In The Judicial Process”- Bombay High Court Issues Guidelines
The Bombay High Court issued guidelines for the effective implementation of the Protection of Children from Sexual Offences Act (POCSO Act) and To ensure the right of a child victim to participate in the in the Judicial process is protected.
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Lawyers Are Exempted From Paying GST/Service Tax, Do Not Harass Them By Issuing Demand Notices: Orissa High Court
The Orissa High Court directed the Commissioner GST to issue clear instructions to all the officers in the GST Commission rates in the state not to issue any notice demanding payment of service tax/GST to practising lawyers. "It appears that
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Limited Liability Partnership (LLP) Can Form A Partnership Firm With An Individual Or Other Persons: Kerala High Court
The Kerala High Court held that a Limited Liability Partnership can form a partnership with an individual or other persons. In this case, a partnership deed was executed between an individual and an LLP. Registrar of Firms refused registration of
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RBI withdraws restrictions on Youth Development Co-operative Bank
In a relief to customers of Youth Development Co-operative Bank Ltd, Kolhapur, the RBI withdrew all restrictions imposed on the lender since January 2019. Several restrictions, including a cap of Rs 5,000 on withdrawals from the Kolhapur-based co-operative bank, were
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Decoding RBI’s new digital payments moves and their impact on fintech ecosystem
The Reserve Bank of India (RBI) announced a slew of measures for digital payments such as allowing fintech companies to process RTGS and NEFT transactions, and also set new norms on interoperability and cash withdrawal facilities for digital payment wallets.
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To Arise A Right Under Bank Guarantee Agreement, Demand Has To Be Made Within Validity Period Of Agreement : Kerala High Court
The High Court has held that the right of a creditor to have the Bank Guarantee invoked is only during the currency of the Bank Guarantee and not during the extended claim period of one year. A bench of Justice
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Right To Reserve Flat Includes Right To Withdraw, Can’t Ask Allottee To Forfeit Payment : Maharashtra RERA Appellate Tribunal
In an order that may provide relief to several flat allottees, the Maharashtra Real Estate Appellate Tribunal (MahaRERA) observed that the right to reserve a flat includes the right to cancel the reservation. Therefore, a builder cannot ask an allottee
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Minor Contradictions Can Not Be A Ground To Discredit Witnesses’ Testimony In Criminal Trial, Reiterates Supreme Court
The Supreme Court reiterated that minor contradictions can not be a ground to discredit the testimony of the witnesses in a criminal trial. The court was considering an appeal filed by the accused who were convicted for the offences under
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Introduction of bad bank can make existing ARCs more effective: RBI paper
Introduction of a bad bank may help "shape the operations" of the existing asset reconstruction companies (ARCs), an RBI paper said, noting that a sizable bulk of assets bought by such entities have not been resolved for a long time.
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RBI issues guidelines for appointment of statutory auditors of banks, NBFCs
The Reserve Bank of India has tightened norms for appointing auditors and has capped the numbers based on the asset size of the bank with an aim to prevent wide variations in asset classification and misleading accounts statements. Banks shall
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Compassionate Employment Cannot Be Granted After A Lapse of Reasonable Period: Supreme Court
The Supreme Court observed that compassionate employment cannot be granted after a lapse of reasonable period. Consideration of such employment is not a vested right which can be exercised at any time in the future. The Division Bench upheld the
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Indian banks’ loans rose 5.3% y/y in two weeks to April 9: RBI
Banks' loans rose 5.3% in the two weeks to April 9 from a year earlier, while deposits rose 10.9%, the Reserve Bank of India's weekly statistical supplement showed. Outstanding loans fell by 603.33 billion rupees ($8.04 billion) to 108.89 trillion