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.
The idea of continuing hearings through video conferencing, even after the COVID-19 Lockdown is lifted, would be impractical.
Bar Council of IndiaThe 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
Transfer / Posting of Members of the NCLT
The NCLT and the NCLATThe 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
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.
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
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
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
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
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
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
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
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
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
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
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
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
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
‘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
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 HCThe Kerala High Court, while considering a
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
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
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,
‘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
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
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
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
‘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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
[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
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
‘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
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;
“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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
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
‘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
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
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
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
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
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
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
‘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
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
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
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
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
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
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
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
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
‘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
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
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
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
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
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
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
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)
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
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
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
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
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
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
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
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
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
‘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
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"
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
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
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
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
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
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.
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
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
‘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
[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
[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
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
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
‘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
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
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.
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
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
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
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
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,
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.
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
“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
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
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
‘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
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
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
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
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
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
‘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
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
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
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
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
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
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
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
[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,
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
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
‘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
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
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
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
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
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).
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
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
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
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
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,
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
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
[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
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
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.
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
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
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
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,
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
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
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
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
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
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
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
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
‘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
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
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
‘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
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
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
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
“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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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,
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
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
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
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
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
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
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
[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
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
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
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
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
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
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
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
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
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
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
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
‘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
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
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
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
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
‘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.
“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
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
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
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
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
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
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
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
‘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
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
‘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
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
‘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
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
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
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
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
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
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
“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
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
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
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
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.
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
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
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
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
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
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
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
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
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,
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.
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
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
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
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
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
‘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
‘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
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
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
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
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
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
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.
[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
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
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
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
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
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
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
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
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
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
“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
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
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
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
‘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
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
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
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
“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
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
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
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
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
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
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
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
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
[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
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
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
‘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
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
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
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
[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
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
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
“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
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
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
‘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
“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
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
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
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.
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
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.
‘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
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
‘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",
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
[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
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
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
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
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
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
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
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
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
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
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
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
[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
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
[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
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
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
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
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
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
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
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
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
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
[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
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
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
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
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
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
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
[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
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
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
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
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
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
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
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
[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
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
‘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,
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.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
‘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
‘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,
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
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
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
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
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
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.
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
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
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
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
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
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,
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
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,
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
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
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
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,
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
‘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
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,
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
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
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
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
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
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
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
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
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
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
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
‘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
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
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
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
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
‘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
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
‘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,
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
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
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
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
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
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
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)
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
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
‘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
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
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
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
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
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
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
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
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
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
“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
“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'
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
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
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
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
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
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
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
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
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
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
‘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
‘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
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
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
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
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
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
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
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,
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
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
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
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
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
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
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
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
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
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
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
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
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.
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
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
‘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
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
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.
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,
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
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
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
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
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
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
‘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,
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
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.
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
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
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
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.
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
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
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
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.
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
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
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
Accused Cannot Get Default Bail If A Chargesheet Originally Filed Within Time Is Re-Presented After The Defects Are Cured: Kerala High Court
In a bail order, the Kerala High Court underscored that the accused cannot get default bail if a chargesheet originally filed within time is re-presented following the period after the defects are cured. A Bench comprising of Justice Ashok Menon
No Embargo Under The CGST Act Restraining Pre-Arrest Bail: Kerala High Court
The Kerala High Court allowed anticipatory bail to a person who apprehended arrest for supposed infractions of the Central Goods and Services Tax. Finding that there was no embargo to a person's applying for pre-arrest bail under the legislation, Justice
WhatsApp Group Administrator Not Liable For Member’s Objectionable Post If There Is No Common Intention : Bombay High Court
A WhatsApp group administrator cannot be held liable for objectionable content posted by a member of the group, in the absence of common intention, the Nagpur bench of the Bombay High Court has held. The court observed that merely acting
“Cannot Claim Exclusivity On ‘Pe’ Suffix”: Delhi High Court Refuses To Grant Interim Relief To PhonePe In Its Plea Against BharatPe
The Delhi High Court refused to grant interim injunction to PhonePe in its plea seeking permanent injunction against BharatPe for allegedly using similar and identical suffix "Pe" in its application. While dismissing the said application, a single judge bench comprising
‘Hate Messages’: Telangana High Court Asks Home Ministry To Consider Representation For Registration Of FIR Against Twitter, Users
The Telangana High Court has asked the Central Government to consider a representation seeking FIR against Twitter and its users, who are spreading hatred messages through the social media app. While disposing of the PIL against circulation of "islamophobic" posts
Criminal Proceedings Can Be Quashed At Post-Conviction Stage Invoking Power U/S 482 CrPC Upon Settlement Between Victim & Convict: Kerala High Court
Criminal proceedings involving non-compoundable offence can be quashed at post-conviction stage invoking the power under Section 482 of the Code of Criminal Procedure upon a settlement between the convict and the victim, the Kerala High Court held. "If requirements of
Bombay High Court Rejects Plea To Restrain Serum Institute Of India From Using ‘COVISHIELD’ Trademark
The Bombay High Court refused to grant interim relief to pharmaceutical company Cutis Biotech and restrain Serum Institute of India (SII) from using the trademark 'Covishield,' for its coronavirus vaccine. A division bench of Justices Nitin Jamdar and C. V.
Bombay High Court Quashes Sakal Times’ FIR Against Newslaundry Journalist Accused Of Falsely Applying Its Trademark
The Bombay High Court quashed a First Information report lodged by Sakal Times against a Newslaundry journalist Prateek Chandragupt Goyal for using its trademark in his stories carried on the Newslaundry website. A Division Bench comprising Justices SS Shinde and
Residential Certificate Not A Proof Of Citizenship: Calcutta High Court
The Calcutta High Court observed that residential certificate is not a proof of citizenship as the same can be obtained by any resident, being an Indian National or a foreigner, if such a person is staying at a particular place.
“Law Does Not Provide For Service Of Summons Via WhatsApp”: Kerala High Court When Keeping In Abeyance Non-Bailable Warrant Against Anoop Jacob
The Kerala High Court recently held that a summons over WhatsApp was not an accepted mode of serving a summons. Justice VG Arun observed to the effect while keeping in abeyance a non-bailable arrest warrant issued by the Special court
Escalation of Prices Cannot Be The Sole Ground To Deny Specific Performance: Supreme Court
Escalation of prices cannot be the sole ground to deny specific performance, the Supreme Court observed. The bench comprising Justices L. Nageswara Rao and S. Ravindra Bhat also observed that, once a suit for specific performance has been filed, any
”If A Woman Feels She Is Nothing Without The Support Of The Man That Is The Failure Of The System”: Kerala High Court
In a recent ruling of the Kerala High Court, the Court took the opportunity of making a series of crucial observations about how society perceives and treats single mothers and opined that the time had come for the state to
SC Dismisses Challenge Against Delhi HC Decision Holding That Widow’s Right To Compensation For Husband’s Death Will Not Abate After Re-Marriage
The Supreme Court has affirmed a Delhi High Court decision that a widow's right to claim compensation under the Motor Vehicles Act for the death of her husband in a motor vehicle accident will not abate on her re-marriage. By
Constitution Guarantees Right To Trade, Not Profit-Allahabad High Court Dismisses Stamp Venders’ Plea Seeking Continuation Of Stamp Papers in Physical form
The Allahabad High Court dismissed a writ petition filed by the All UP Stamp Vendors Association, seeking continuation of judicial and non-judicial stamp paper in its physical form. A Single Bench of Justice Yashwant Varma dismissed the Association's contention that
On What Basis Insurance Policies Which Exclude Mental Illnesses From Full Coverage Approved?: Delhi High Court Asks IRDA
The Delhi High Court asked the insurance sector regulator Insurance Regulatory and Development Authority of India (IRDAI) to explain on what basis it granted approval to such insurance policies that excluded mental conditions from full coverage. The Bench of Justice
WhatsApp Moves Delhi High Court Challenging Traceability Clause Under New IT Rules As Violative Of Right To Privacy
Challenging new IT rules, Facebook owned platform WhatsApp has moved Delhi High Court challenging the "traceability" clause alleging that the aforesaid clause is violative of a person's right to privacy as enshrined in the Supreme Court judgment of KS Puttuswamy
“Govt Respects Right To Privacy, No Intention To Violate It When Whatsapp Is Required To Disclose Origin Of Message”: IT Ministry
In a press release the Ministry of Electronics and Information Technology clarified that the Government respects the right to privacy and has no intention to violate it when requiring WhatsApp to disclose the origin of a message. "Such Requirements are
High Courts Can Grant Protection To Accused While Dismissing Anticipatory Bail Plea In Exceptional Circumstances: Supreme Court
The Supreme Court observed that a High Court, while dismissing anticipatory bail applications, can issue protective orders only when there are exceptional circumstances. The bench headed by CJI Ramana also observed that such orders should explain the reasons for issuing
RBI issues guidelines for amalgamation of district central co-op banks with state co-op banks
The Reserve Bank on Monday said it will consider amalgamation of District Central Co-operative Banks (DCCBs) with State Cooperative Banks (StCBs) subject to various conditions, including that a proposal should be made by the state government concerned. The Banking Regulation
NCLT admits Cox & Kings Financial Services for insolvency resolution
The dedicated bankruptcy court has admitted the insolvency petition against Cox & Kings Financial Services Limited (CKFSL) and appointed Pardeep Kumar Sethi as interim resolution professional (IRP) for the company. YES Bank had approached the Mumbai bench of the National
NITI Aayog calls for strengthening payment infrastructure for NBFCs
NITI Aayog has called for strengthening the payment infrastructure to promote a level playing field for NBFCs and banks while suggesting diversification of credit sources to enable growth opportunities for MSMEs. “NBFCs can be enabled to participate more freely in
RBI modifies norms for undertaking govt business by private banks
The Reserve Bank of India came out with modified guidelines that allow sound private sector banks to undertake government business, whether at the Centre or in states. According to the modified norms, scheduled private sector banks, which are not under
Private banks allowed to undertake agency jobs for central and state govts without any fresh approval: RBI
Private banks, which worked as agency banks for government businesses prior to 2012, are allowed to undertake such agency jobs for central and state governments without any fresh approval, said the Reserve Bank of India. Banks seeking fresh approval from
Piracy Of Salman Khan’s “Radhe”: Delhi High Court Orders WhatsApp & Ors To Suspend Accounts Illegally Sharing Movie
In an interim relief against piracy of Bollywood actor Salman Khan's new release "Radhe: Your Most Wanted Bhai", a single judge bench of Justice Sanjeev Narula of the Delhi High Court has directed WhatsApp and other social media platforms to
Delhi High Court Restrains WhatsApp & Telegram From ‘Illegally Circulating’ Copies Of Times Of India, Navbharat Times E-Newspapers
In an interim order passed, the Delhi High Court has restrained social networking platforms WhatsApp and Telegram and certain other individuals from allegedly illegally circulating e-papers of Bennett, Coleman and Company Ltd (Times of India and sister publication Navbharat Times)
Vacation Judge Can Grant Bail, Pass ‘Interim Orders’ Regarding Stay, Injunction But Can’t Dispose Of Cases On Merits: Patna High Court
The Patna High Court ruled that a vacation judge cannot decide and dispose of a case, other than bail applications, on merits. Observing thus, the Bench of Justice Chakradhari Sharan Singh said, "A vacation judge may grant bail in criminal
Three Months Window For Social Media Platforms To Comply With New IT Intermediary Rules Expires on 25.05.2021
The three-month window that the Central Government provided to social media platforms such as Facebook, Twitter, etc. to comply with the new social media rules, ends on 25.05.2021. The Information Technology (Guidelines For Intermediaries And Digital Media Ethics Code) Rules,
New PIL Challenging WhatsApp Updated Privacy Policy: Delhi High Court Seeks Centre’s Response
The Delhi High Court issued notice to the Centre and social media platforms, Facebook and WhatsApp seeking their responses on a PIL challenging the new privacy policy of WhatsApp. The Bench of Chief Justice D. N. Patel and Justice Jasmeet
India asks state banks to protect dollar assets on Cairn concern
Indian authorities asked state-run banks to protect their dollar deposits on concern they could be frozen if Cairn Energy Plc moves to seize India’s offshore assets as part of a tax dispute, according to people with knowledge of the matter.
Banks, NBFCs ask RBI to relax bad loan rules
A second Covid wave many times worse the first has prompted banks, non-banking financial companies (NBFCs) and small-finance banks to ask Reserve Bank of India (RBI) that flexible restructuring up to two years across all categories of borrowers be allowed.
A Plea Of Indigency Should Be Made With Utmost Bonafides, Omissions In Listing Property Should Be Explained: Kerala High Court
The Kerala High Court has iterated the principle that a plaintiff who filed a suit as an indigent was to explain omissions in the properties listed. The Division Bench that pronounced the judgment underscored the necessity of utmost honesty and
“Right Of A Person In Detention To Consult Lawyer Of His Choice Is A Constitutional Right,State Can’t Dilute It”: Delhi HC Grants Relief To Shifa Ur Rehman
Observing that it is the constitutional right of a person in detention to consult with the lawyer of his choice which cannot be diluted by the State, the Delhi High Court has last week granted relief to Shifa Ur Rehman,
“A Girl, Lady Of 23 Years Is Good Enough To Decide Right Or Wrong”: Delhi HC Grants Bail To Man Accused Of Rape, Making Obscene Video
"Three years prior to the year 2019, prosecutrix might have been 23 years of age and in the opinion of this Court, at the age of 23 years, a girl/lady is good enough to decide what is right or wrong"
Kerala High Court Stays CBFC Certification Of Malayalam Film ‘Aquarium’ On Nun’s Plea That It Offends Religious Sentiments
The Kerala High Court has stayed for two weeks the certification granted to Malayalam Film 'Aquarium' slated to be released on an Over-The-Top Platform (OTT) 'Saina Top Play’. A Bench of Justice PV Kunhikrishnan issued the stay order upon a
“Alcohol Testing Cannot Be Completely Exempted”: Delhi High Court Issues Directions For Breath Analyzer Test At Airports
Observing that the testing for alcohol "cannot be completely exempted in as much as the same could be detrimental to passenger safety", the Delhi High Court issued slew of directions for the administration of Breath Analyzer Test at all airports
Where Motor Accident Caused Trauma To Claimant’s Heirs And There Is Nexus Between Accident And Death, Heirs Entitled to Compensation: Allahabad HC
In an appeal from a motor accident claim, the Allahabad High Court underscored the importance of ensuring the claimant(s) received the compensation they were entitled to in the event of a dispute between the owner of the vehicle that caused
Movement Of Lawyers, Their Staff During Lockdown- “They May Apply For Passes Through Bar Associations”: State Tells MP High Court
The Madhya Pradesh High Court disposed of a plea seeking permission regarding the movement of the junior/associate advocates and regularly employed clerks with the advocate's offices during COVID-19 Lockdown. The Bench of Chief Justice Mohammad Rafiq and Justice Atul Sreedharan
No Scope For Adopting Either A Liberal Or A Narrow Approach In Construing Contractual Clause, Reiterates Supreme Court
In a judgment delivered the Supreme Court reiterated the principles for interpretation of a contract. "In seeking to construe a clause in a Contract, there is no scope for adopting either a liberal or a narrow approach, whatever that may
Natco Pharma Files Application Seeking Compulsory License For COVID Drug Baricitinib
Indian generic drug manufacturer Natco Pharma Limited has filed an application before the Controller of Patents seeking compulsory license to produce the drug 'Baricitinib' which is used for treatment of COVID-19. Natco filed application under Section 92(1) read with 92(3)
Non-Examination Of Independent Witnesses Not Fatal To Prosecution Case, Reiterates Supreme Court
The Supreme Court reiterated that non-examination of independent witnesses is not fatal to the case of the prosecution when other prosecution witnesses are found to be trustworthy and reliable. The Court observed thus while dismissing an appeal against Allahabad High
Delhi High Court Issues Notice In Plea Against Twitter For Non Compliance Of IT Rules, 2021
The Delhi High Court issued a notice in a plea filed against the non-compliance by Twitter India and Twitter Inc with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021) after Senior advocate Sajan
Representative Suit – Process Under Order 1 Rule 8 CPC Not Mandatory At Appellate Stage : Kerala High Court
Answering a reference against a division bench judgment, a 3-judge bench of the Kerala High Court has held that the publication of notice under Order 1 Rule 8 of the Code of Civil Procedure is not mandatory at the appellate
WhatsApp Obtaining ‘Trick Consent’ On 2021 Privacy Policy”: Centre To Delhi High Court
In an additional counter affidavit filed before the Delhi High Court in the case against WhatsApp's new privacy policy of 2021, the Central Government has informed the Delhi High Court that WhatsApp is indulging in obtaining "trick consent" from its
Karnataka High Court Strikes Down GST Rules Imposing Liability On Entire Bet Amount Received By Horse Race Clubs
The Karnataka High Court has declared Rule 31A(3) of the Central Goods and Services Tax Rules, 2017 as amended in terms of notification dated 23.01.2018 as ultra vires the provisions of the Central Goods and Services Tax Act, 2017 Act
RBI slams foreign banks on data rule
The Reserve Bank of India (RBI) has pulled up several multinational banks operating in the country for not providing a board-approved system audit report certifying compliance with its data-localisation norms. In a recent communication, the RBI said that a majority
Paytm unit seeks RBI exemption from NBFC tag
Paytm Entertainment -- a subsidiary of giant Paytm – faces the risk of being classified as a Non-Banking Financial Company (NBFC) after it lent money to a joint venture business that exceeded the central bank’s limits. The online ticket booking
RBI extends risk-based internal audit system to HFCs
The Reserve Bank extended the risk-based internal audit (RBIA) system to select housing finance companies to enhance the quality and effectiveness of their internal audit system. In February this year, the RBI had issued a circular mandating the RBIA framework
Personal Life, Liberty Has To Be Protected Irrespective Of The Fact That Relation Between Two Major Individuals May Be Termed As Immoral: Rajasthan HC Reiterates
The Rajasthan High Court has reiterated that personal life and liberty under Art. 21 has to be protected irrespective of the fact that relationship between two major individuals may be termed as immoral and unsocial. A single judge bench comprising
Toon Controversy- ‘Can’t Teach Ethics To People; Cartoon Will Lose Life If Taken Without Context’: Madras HC Quashes Criminal Defamation Case
While quashing a criminal defamation case filed against a person who had published an alleged humiliating and defamatory cartoon on his Facebook page, the Madras High Court recently ruled that the Court cannot teach ethics to the people and it
Industrial Units Cannot Operate Without Prior Environment Clearance, State Has No Power To Exempt Requirement Of Prior EC: NGT
The National Green Tribunal has on Thursday held that industrial units required to get an Environment Clearance under EIA notification cannot operate without prior EC, and the State has no power to either exempt the requirement of prior EC or
NCLAT: Liquidation Proceedings Quashed On The Ground That Sole Decision Of Related Parties Financial Creditors Could Be Fatal For The Existence Of The Corporate Debtor
The Principal Bench of the National Company Appellate Law Tribunal at Delhi comprising of Justice A.I.S. Cheema and Justice V. P. Singh, quashed the liquidation proceedings against the Corporate Debtor- 'INCAB Industries Limited and directed to appoint another IRP/ Resolution
Filing Common Chargesheet In Multiple Cases Against Same Accused Impermissible : Karnataka High Court
The Karnataka High Court has said filing of a common charge-sheet for complaints filed by the individual investors against the same accused in different police stations is against the law and filing amalgamated charge-sheet is impermissible under the Criminal Procedure
“Law Firm Cannot & Ought Not To Report On Ongoing Proceedings Being Prosecuted By It, In Its Blog Or Website”
A division bench of Justices Rajiv Shakdher and Talwant Singh has directed, while considering a petition filed by the Society for Tax Analysis and Research, has directed that, a law firm "cannot, and ought not, run the website/blog, in respect
Criminal Proceedings Not To Be Initiated Against A Public Servant For Passing A Wrong Order Without Evidence Of Extraneous Considerations: Kerala High Court
The Kerala High Court recently ruled that criminal proceedings cannot be initiated against a public servant under the Prevention of Corruption Act merely for passing a wrong order, without any material to demonstrate that such order was deliberately passed by
Plea Alleges Social Media Platforms Objectifying Women, Defaming Govt, Judiciary, Breaching Users’ Privacy: MP High Court Issues Notice
The Madhya Pradesh High Court issued notice on a plea filed alleging that social media companies, including WhatsApp, Facebook, Instagram & Twitter are displaying/hosting obscene, unregulated, uncertified, sexually explicit, and legally restricted content. The plea has been moved by Maatr
New auditors: RBI clarifies on tenure, eligibility norms
Amidst both support to as well as calls for a review of its new norms for appointing auditors by financial institutions, the Reserve Bank has stuck to its stance but has clarified certain doubts in the industry on the tenure
15 banks to start new trade finance system using blockchain tech
Fifteen banks have come together to form a new company which will use blockchain technology to process inland letters of credit (LCs) in a first such initiative. Bankers said that the new system will verify data using invoices on goods
(Suma) in favour of the petitioners is cancelled.Senior Citizens Act – Section 23 Can’t Be Invoked If Release Deed Is For Consideration : Karnataka High Court
The Karnataka High Court has held that a senior citizen cannot invoke Section 23 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007, when the release of property was not out of natural love and affection but for
Section 138 NI Act- Not Mentioning Date Of Service Of Demand Notice Is Not Fatal To Case: Allahabad High Court
The Allahabad High Court has held that a complaint for dishonour of cheque under Section 138 of the Negotiable Instruments Act, 1881, cannot be dismissed merely because it does not mention the date on which the demand notice was served
Delhi High Court Seeks Facebook, Instagram Reply On Plea Against “Abusive” Posts On Hindu Goddesses
A vacation bench of Justice Rekha Palli of the Delhi High Court has issued notice and sought replies from Facebook Inc and its subsidiary, Instagram, on a petition objecting to the publication of "highly obnoxious and objectionable posts" on Hindu
‘Schools Should be Alive to Parents Hardships During Pandemic’: PIL In Bombay High Court Seeks Fee Reduction
A PIL is filed in the Bombay High Court challenging the fees charged by all aided and unaided schools in Maharashtra during the Covid-19 pandemic and has sought a 50% reduction in fees for the academic years 2020-22, citing the
Section 125 CrPC- “Obligation Of A Father To Maintain His Son Will Not Come To An End When He Attains Majority”: Delhi High Court
The Delhi High Court has held that the obligation of a father to maintain his son under sec. 125 of CrPC would not come to an end when the son attains the age of majority after reasoning that the entire
Married Woman In Live-In Relation- “Can’t Permit Such An Illegality”: Allahabad High Court Dismisses Protection Plea With 5k Cost
Noting that the Woman is already married and is in a live-in relationship with another man, the Allahabad High Court dismissed her protection plea with 5k cost. A Division Bench of Justice Kaushal Jayendra Thaker and Justice Dinesh Pathak observed
‘TV Channels Should Appoint Grievance Officers For Viewers’ Complaints’ : Centre Amends Cable TV Rules
The Union Ministry of Information and Broadcasting has amended the Cable Television Network Rules, 1994, in order to set up a three-tier mechanism for redressal of viewers grievance relating to content broadcasted by Television channels in contravention of Programme Code
Child Pornography: “Only ‘Bharatiya Culture’ Can Act As A Bulwark; Can Tackle Menace By Inculcating Right Values”: Madras High Court
While granting anticipatory bail to a man who was arrested for sharing child pornographic content, the Madras High Court observed that the menace of child pornography can be tackled only if all of us inculcate the right values. Noting that
Delhi High Court Issues Practice Directions To Magistrates Pursuant To Supreme Court Order On Cheque Bouncing Cases
The Delhi High Court has issued practice directions to Magistrates and Trial Courts having jurisdiction to try offences under the Negotiable Instruments Act pursuant to the directions issued by the Supreme Court (In Re Expeditious Trial Of Cases Under Section
Centre Proposes To Amend E-Commerce Rules To Curb Flash Sales, Appoint Grievance Redressal Officers
The Central Government proposed amendments to the Consumer Protection (E-Commerce) Rules, 2020, pursuant to recommendations by a Parliamentary panel headed by Member of Parliament Partap Singh Bajwa. The new draft rules come at a time when leading e-commerce giants such
Foreign State Cannot Claim Sovereign Immunity Against Enforcement Of Arbitral Award Arising Out Of Commercial Transaction: Delhi High Court
The Delhi High Court has held that a Foreign State cannot claim sovereign immunity under sec. 86 of Code of Civil Procedure against enforcement of an Arbitral Award arising out of a commercial transaction. A single judge bench comprising of
Section 24 CrPC- “Can Advocates With Less Than 7 Yrs Of Practice Represent State In Criminal Cases?”: MP High Court Seeks State’s Response
The Madhya Pradesh High Court on Tuesday expressed serious concern on contractually appointed Panel Lawyers without the requisite 7 years of experience representing the State Government in important criminal matters like criminal appeals, suspension of sentences, bail applications, etc. The
Didda Copyright Row- “Historical Work And Historical Facts Can Never Be Copyrighted: Kangana Raut Moves Bombay HC To Quash FIR
Actor Kangana Ranaut and her brother have filed a petition in the Bombay High Court to quash the FIR against them in the Didda copyright row on author Ashish Kaul's private complaint. Kaul is a former Zee Network executive and
Central bank digital currencies can offer finality, liquidity, integrity: BIS
Central bank digital currencies can offer "finality, liquidity and integrity", and could provide strong data governance as well as privacy standards based on digital identities, the Bank for International Settlements (BIS) said on Wednesday. The backing for such currencies by
RBI prescribes qualifications for MDs, WTDs of urban cooperative banks
The Reserve Bank prescribed educational qualifications and 'fit and proper' criteria for managing directors (MDs) and whole-time directors (WTDs) of primary urban cooperative banks and barred MPs and MLAs from these posts. Issuing the guidelines for appointment of MDs and
Compelling A Married Woman To Live In Her Parental Home Amounts To Cruelty: Madhya Pradesh High Court
The Madhya Pradesh High Court observed that compelling a married woman to live in her parental home after marriage amounts to cruelty and that for this reason, it cannot be said that she was living seperately without reasonable reason. The
Limitation Prescribed U/S 23 Registration Act For Presenting Documents Not Attracted For Orders/ Decrees Passed By Courts: Madras High Court
The Madras High Court has held that the limitation prescribed under Section 23 of the Registration Act, 1908, for presenting documents will not stand attracted insofar as an order or decree passed by a Court is concerned. The provision stipulates
“Centre, Delhi Govt Must Incorporate Rules For Holding Officers Accountable For Lapse In Handling Court Cases”: Delhi High Court
Prima facie observing that raising false claims by government officers causes injustice to the litigant seeking justice, the Delhi High Court has observed that there is a need for the Centre and the Delhi Government to incorporate Rules for holding
Widow Loses Right In Property Inherited From Previous Husband On Valid Remarriage : Chhattisgarh High Court
The Chhattisgarh High Court has held that the effect of a valid remarriage is that the widow loses her right in the property inherited from her previous husband and that the same cannot be said to be established unless strictly
RBI ban on new credit cards sale hit market share; will come back with a bang once embargo lifted: HDFC Bank
The RBI's ban on selling new credit cards has impacted market share on an incremental basis, HDFC Bank said, promising to get back to the market "with a bang" once the "temporal" embargo is lifted and recoup the losses. The bank's
RBI warns against allowing Big Tech firms into financial services
Entry of the so-called Big Tech companies in financial services in emerging markets such as India could present challenges to regulators towards maintaining adequate stability and governance of the ecosystem, the Reserve Bank of India said. The central bank flagged
Distinction Between ‘Temporary Injunction’ And “Attachment Before Judgement” Under The CPC: Calcutta High Court Explains
The Calcutta High Court vide order dated 22.6.21 explained in detail the distinction in the nature of relief between a 'temporary injunction' under Order XXXIX Rule 1 and an order for 'attachment before judgment' under Order XXXVIII Rule 5 of
Wife Staying Abroad For Career Not ‘Cruelty’ To Husband Or ‘Desertion Of Spouse’ : Bombay High Court
Observing that the wife's decision to remain in Canada, where she settled with the couple’s son is not "unjustified" or "selfish," the Bombay High Court refused to grant a divorce to a 44-year-old engineer alleging cruelty and desertion following his
Law Of Limitation Only Bars Judicial Remedy, The Substantive Right Survives: Kerala High Court
The Kerala High Court decided in a pension recovery matter that the Law of Limitation only bars judicial remedy, and that the substantive right itself survives and continues to be available in other ways and clarified that the rules of
Calcutta HC Issues Notice To Centre, State On Challenge Against The Constitutionality of Rule 86A of CGST Rules
A writ petition has been filed before the Calcutta High Court challenging the constitutional validity of Rule 86A of the Central Goods and Services Tax Rules, 2017 (CGST Rules) and its concurrent provision in the state legislation i.e. the West
RBI issues draft circular on allowing UCBs to augment capital
The Reserve Bank came out with draft guidelines allowing primary urban cooperative banks (UCBs) to augment capital through issuance of equity shares, preference shares and debt instruments. The UCBs, it said, could raise share capital by issue of equity to
Delhi High Court Issues Notice On Plea For Guidelines Against Crypto-Currency Exchanges Advertisements On Televisions Without Standardized Disclaimers
The Delhi High Court has issued notice on plea seeking issuance of guidelines or rules to be framed against the crypto currency exchanges in India advertising on televisions without adequate standardized disclaimers. A division bench comprising of Chief Justice DN
Section 420 IPC- In The Absence Of Allegation Of Deception From The Inception No Offence Is Established: Jharkhand High Court
The Jharkhand High Court has held that in the absence of any allegation of deception, false promise, or inducement at the time of the transaction, merely the breach of undertaking to repay the loan in the manner claimed cannot be
Plea In Delhi High Court Seeks Directions To Formulate Policy For Protection Of Children From Online Gaming Addiction, Regulatory Body To Monitor Gaming Content
A petition has been moved in the Delhi High Court seeking directions on the Centre to formulate a policy for protection of children from online gaming addition as well as constitution of a regulatory body to monitor gaming content, including
Court’s Power To Summon Any Person U/S 311 Of CrPC Cannot Be Used To Fill Lacunae In The Prosecution Evidence – Bombay High Court
Observing that the Court's powers to summon any person under section 311 of the CrPC cannot be used to tie loose ends in the prosecuting agency's case, the Bombay High Court has set aside a trial judge's order recalling a
Draft Drone Rules : Civil Aviation Ministry Proposes New Rules To Regulate Drone Related Activities
The Central Government has invited suggestions for Draft Drone Rules to regulate Drone Related Activities. These Rules, when notified, will repeal the Unmanned Aircraft System Rules 2021 which had come into force earlier this year. Objections and suggestions are invited
RBI orders Mastercard to not add new customers to its network from July 22
The Reserve Bank of India barred the US-based card network Mastercard from onboarding new domestic debit, credit or prepaid customers on its card network in India from 22 July onwards. The central bank’s supervisory action on Mastercard is citing its
‘Law Doesn’t Distinguish Between Testimonies Of Abled Bodied & Differently Abled Persons’: Madras HC Upholds Auto-Driver’s Conviction For Molesting Blind Woman
The Madras High Court affirmed the orders of a lower court convicting and sentencing an auto-rickshaw driver to seven years of rigorous imprisonment for abducting and sexually molesting a visually challenged woman. Opining on the probative value of the testimony
‘Custody Of Minor Rape Victim Can’t Be Given To Accused’s Kin’: Gauhati High Court Takes Suo Moto Cognizance, Stays Lower Court Order
Dealing with a suo moto case concerning the plight of a minor rape victim, the Gauhati High Court has stayed a trial court's order grating the victim's custody to accused's sister-in-law after observing that the same will not be in
Act Of Accused Taking Off His Own & Victim’s Trousers Without Penetration Amounts To Sexual Assault Under POCSO, Not ‘Attempt To Rape’: J&K High Court
The Jammu and Kashmir High Court has held that the act of an accused to take off his own and victim's trousers, in the absence of penetration, does not amount to 'attempt to rape' within the meaning of Section 376/511
Delhi High Court Notifies New Nomenclature Relating To IPR Disputes Coming Into Force With Immediate Effect
The Delhi High Court has notified new nomenclature in respect of the matters relating to Intellectual Property Rights (IPR) coming into force with immediate effect. The High Court had recently established the Intellectual Property Division (IPD) to deal with all
Delhi High Court Directs CBSE To Consider As Representation Plea Seeking Refund Of Exam Fee Of Cancelled Board Examination
The Delhi High Court has asked CBSE to consider as representation a petition for refund of fees collected by the authority for conducting class 12th Board examinations, that were cancelled vide order dated June 1, on account of second wave
Changes to insolvency law approved by Rajya Sabha
A bill to amend the Insolvency and Bankruptcy Code paving the way for pre-packaged insolvency resolution for small and medium enterprises recieved Parliament's nod. Rajya Sabha gave its nod to the bill, cleared by Lok Sabha on July 28, which
RBI cautions against fraudulent buy or sale of old banknotes
The Reserve Bank of India cautioned citizens against any bogus offer to buy or sell old banknotes and coins citing on-going fraudulent activities. It has come to the notice of Reserve Bank of India that certain elements are fraudulently using
‘Rummy & Poker Are Games Of Skills’ : Madras High Court While Striking Down Online Gaming Ban
The Madras High Court struck down the Tamil Nadu Gaming and Police Laws (Amendment) Act, 2021 which imposes a ban on playing of games such as rummy and poker on cyberspace with stakes. Section 11 of the impugned legislation also
‘Dream 11’ Fantasy Sports Game Is Not Gambling: Supreme Court Upholds Rajasthan HC Judgment Dismissing PIL Seeking Its Ban
The Supreme Court upheld a Rajasthan High Court order dismissing a Public Interest Litigation that sought ban of online game known as "Dream 11". The bench comprising Justices RF Nariman and BR Gavai dismissed the special leave petition filed against
‘Redefine Jurisdiction Of Family Courts Under Guardianship And Wards Act To Protect Interests Of Children Of Transnational Marriages’: Madras High Court
The Madras High Court observed that the jurisdiction of Family Courts as stipulated under the Guardians and Wards Act, 1890 must be redefined so as to adequately protect the rights and interests of children whose parents have entered into transnational
Article 25 Does Not Provide Any Immunity From Taxation On The Basis Of Religion, Salaries Of Nuns and Priests Working As Teachers Liable To TDS: Kerala High Court
The Kerala High Court ruled that salaries paid to nuns and priests of religious congregations, working as teachers in educations institutions are liable for tax deduction at source while dismissing a batch of nearly 50 writ appeals. A Division Bench
Not Much Scope For Considering ‘Territorial Jurisdiction’ Issue In A Transfer Petition U/s 25 CPC: Supreme Court
The Supreme Court observed that there is not much scope of going into the question of 'territorial jurisdiction' of a court in a Transfer Petition under Section 25 of the Code of Civil Procedure. This point is required to be
Human Rights Commissions Can Only Recommend And Not Direct Payment of Compensation: Chhattisgarh High Court
The Chhattisgarh High Court held that the Human Rights Commissions are a recommendatory body and has no jurisdiction to pass an order directing payment of compensation. Justice Sanjay K. Agarwal held that Section 18 of the Protection of Human Rights
A Writ Court Is Required To Intervene Even At A Suggestion Of Any Plan Or Attempt To Take Away The Liberty Of A Person: Calcutta HC
The Calcutta High Court granted bail to BJP MLA Suvendu Adhikari's aide Rakhal Bera who had earlier been arrested for his alleged participation in a job racket where he had allegedly promised a job in the State Irrigation Department in
UAPA – Extension Of Detention Under Section 43D(2) Not Vitiated For Not Serving Prosecutor’s Report On Accused : Bombay High Court
The Bombay High Court has held that when seeking extension of detention under Section 43(D) of the UAPA, the fulfilment of the mandatory requirements is required in substance and not strictly in form. Justice Manish Pitale noted that substance would
When Spouse Refuses Offer To Cohabit Without Reasonable Cause, It Amounts To ‘Constructive Desertion’: Kerala High Court
The Kerala High Court has held that when the appellant-husband makes an offer to resume the marital relationship, and the respondent-wife resists without any reasonable cause, failing to resume cohabitation, it would amount to "constructive desertion". While allowing an application
Rent Tribunal Not Amenable To Article 226; No Intra-Court Appeal Against Article 227 Orders : Rajasthan High Court
A Full Bench of the Rajasthan High Court has held that orders passed by Rent Tribunal are not amenable to the writ jurisdiction of the High Court under Article 226 of the Constitution. They can be challenged only by invoking
Quashing Of FIR- Detailed Enquiry On Merits Not Warranted U/s 482 CrPC, Reiterates Supreme Court
The Supreme court reiterated that a detailed enquiry into the merits of the allegations is not warranted while exercising jurisdiction under Section 482 of the Criminal Procedure Code. The bench comprising Justices DY Chandrachud and MR Shah observed that while
Cognizance Of Section 138 NI Act Offence By Magistrate Will Not Automatically Result In Decree In Civil Suit For Cheque Dishonour : Delhi High Court
The Delhi High Court has held that if the Metropolitan Magistrate takes cognizance of an offense under Section 138 of the Negotiable Instrument Act, 1881, it is not that a decree against the respondent/defendant will follow automatically. The Court rejected
Two Patents Cannot Be Granted For One Invention- One for Genus and The Other for Species: Delhi High Court Dismisses Plea By AztraZeneca
The Delhi High Court has held that two patents cannot be granted for one invention- one for genus and the other for species. A claim of two patents for one invention only strikes at the very root of the appellants'
Zomato to raise $1.26 billion with ₹76 per share in IPO: Report
Online food delivery giant Zomato which had launched its Initial Public Offering (IPO) for retail investors between July 14 and July 16 is likely to finalise the share allotment on Thursday, before listing the shares on National Stock Exchange (NSE)
Banks to stop issuing new cards on Mastercard network from July 22 after RBI ban
The Reserve Bank of India (RBI) ban on Mastercard Asia Pacific to onboard new debit, credit or prepaid card customers will came into effect from 22 July 2021. India’s central bank pulled the plug on Mastercard over non-compliance with directions
Legally Permissible For Court To Direct Accused To Surrender While Dismissing Anticipatory Bail Plea: Kerala High Court
The Kerala High Court observed that while dismissing an application for anticipatory bail, it is legally permissible for the court to direct/permit the accused to surrender before the investigating officer or the jurisdictional court within a specific period. The Bench
NDPS Act- If Search & Seizure Are Bad Then This Aspect Can Be Considered At Investigation Stage To Grant Bail: Kerala High Court
The Kerala High Court observed that if the very search and seizure are bad and vitiated that it would cut the very root of the prosecution case and therefore, such an aspect can be considered at the stage of investigation
Statement Under Section 67 of NDPS Act Cannot Be Used As A Confessional Statement, Reiterates Punjab & Haryana HC
The High Court of Punjab & Haryana has held that a statement under Section 67 of Narcotic Drugs and Psychotropic Substances Act, 1985 cannot be used as a confessional statement in the trial of an offense under the Act. However,
“Deprivation Of Salary Violative Of Art. 21, 23, 300A”: Uttarakhand High Court Asks State To Disburse Salaries To Transport Corporation Employees
Observing that deprivation salary to employees is violative of their rights under Article 21, 23 and 300A of the Constitution, the Uttarakhand High Court on Tuesday asked the State Government to expeditiously convene a meeting in order to resolve the
Authority Personally Responsible To Pay Damages For Unjustified Delay In Deciding Application For Compassionate Appointment: Karnataka High Court
The Karnataka High Court has held that any unreasoned or unjustifiable delay on the part of the Authority to consider an application for appointment on compassionate grounds, would make such an Authority personally responsible to pay damages by way of
Plea In Supreme Court Seeks ‘One Nation One Penal Code’ For All Offences Including Money Laundering, Black Marketing, Etc.
A plea has been filed before the Supreme Court seeking directions to the Centre to draft a stringent and comprehensive penal code, instead of 'existing outdated laws relating to corruption and crime'. It also seeks to replace the 161 years
Medical Practitioners Can Conduct Necessary Tests On Accused If There Are Indications Of Custodial Torture: Kerala High Court
The Kerala High Court clarified that the circular issued by the Director of Health will not preclude doctors conducting medical examinations of persons accused in criminals cases from ordering appropriate investigations as they deem fit if there are indications or
Section 205 CrPC- Magistrate Cannot Mechanically Impose Conditions to An Order Dispensing Personal Appearance of Accused: Calcutta High Court
The Calcutta High Court has held that magistrate cannot mechanically impose conditions to an order dispensing the personal appearance of accused under Section 205 Code of Criminal Procedure. In the instant case, the petitioner had filed an application before the
Section 482 CrPC: Interim Protection Order Can Be Passed In Exceptional Cases Giving Brief Reasons: Supreme Court
The Supreme Court observed that the High Courts can pass interim protection order in Section 482 CrPC petitions in exceptional cases by giving brief reasons. What is frowned upon in Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra is the
‘Presumption of Death’ Can’t Be Raised Before Administrative Tribunal Or Article 226/227 Proceedings: Kerala High Court
The Kerala High Court has held that its constitutional jurisdiction cannot be used for deciding disputes for which remedies under the civil law are available. Upholding the decision of the Administrative Tribunal, Justices K. Babu and Alexander Thomas held that
Foreigners Tribunal Can’t Suo Moto Assume Jurisdiction To Give An Opinion Which Is Not Sought While Answering Reference: Gauhati High Court
The Gauhati High Court has ruled that the Foreigners Tribunal cannot suo moto assume the jurisdiction to give an opinion which is not sought while answering reference made to it regarding entry of a person, suspected to be a foreigner,
Habeas Corpus Writ At Husband’s Behest To Regain Wife Not Available As A Matter Of Course: Allahabad High Court
The Allahabad High Court observed that the remedy of the writ of habeas corpus at the instance of a Husband, seeking to obtain possession of his wife is not available as a matter of course. Dealing with the Husband's plea
Controlling Crime By Making Legislation Most Important Duty Of Legislature In Democratic Polity: Allahabad High Court
The Allahabad High Court observed that controlling crime by making appropriate legislation is the most important duty of the legislature in a democratic polity and for this reason, it is necessary to scuttle serious threats to the safety of the
Family Court Cannot Try Criminal Cases Under IPC: Supreme Court Corrects A ‘Wrong Order’ Passed In Transfer Petition
The Family Court cannot deal with a criminal complaint for various offences under the Indian Penal Code, the Supreme Court remarked while modifying an earlier 'wrong' order it had passed in a transfer petition. The court had, earlier this year,
“Forensic Science Forms Integral Part Of Justice Delivery System”: Orissa High Court Asks State To Deploy Adequate Manpower At SFSL
Observing that forensic science is an integral part of the justice delivery system, the Orissa High Court has asked the State Government to take immediate steps for ensuring deployment of adequate manpower or technical personnel at the State Forensic Science
RBI to impose penalties on banks for failing to ensure cash availability at ATMs
The Reserve Bank of India has proposed penalties for banks and White Label ATM operators if their ATMs are found to be lying without replenishment for more than ten hours to ensure customers and not inconvenienced. The regulator also directed
Marriage Under Special Marriage Act Can Be Registered Through Video-Conferencing : Supreme Court Upholds High Court Judgment
The Supreme Court dismissed an appeal filed by the State of Haryana challenging the Punjab and Haryana High Court's order of granting marriage certificate under the Special Marriage Act 1954 through video conferencing due to the wife's inability to travel
Does Oral Exchange Of Land In Rural Punjab Require Compulsory Registration? Supreme Court Issues Notice
The Supreme Court issued notice in a special leave petition which raised the issue whether oral exchange of land in the rural areas of state of Punjab requires registration or not? In this case, the Punjab and Haryana High Court
Post Expiration Of Probation Period, Automatic Confirmation Cannot Be Claimed As Matter Of Right: Madhya Pradesh High Court
The Madhya Pradesh High Court observed that automatic confirmation cannot be claimed as a matter of right after the expiry of probation period unless there is a vacancy for the same job. While modifying the order related to discontinuation of
Relatives Not Dependent On Claimant Will Constitute A Separate Family Unit For Purposes Of Compensation & Rehabilitation: Supreme Court
The Supreme Court observed that the relatives who are not dependent on the claimant will constitute a separate family unit for the purposes of compensation and rehabilitation. In this case, the issue was whether one Anadinath Banerjee is entitled to
Twitter Seems To Have Complied With IT Tules 2021: Centre Informs Delhi High Court
The Central Government has informed the Delhi High Court that Twitter Inc. seems to have appointed permanent officers, in compliance with the IT Rules 2021. "Prima facie, they have appointed Chief Compliance Officer, Resident Grievance Officer and Nodal Contact Person.
‘The Very Act Of Throwing a Chit On a Woman’s Person Which Professes Love For Her Amounts To Outraging Modesty’: Bombay High Court
The Nagpur Bench of the Bombay High Court observed that there exists no straitjacket formula to ascertain whether modesty of a woman is outraged. The High Court also went on to note that the very act of throwing a chit
Can Impose Condition Of Restitution Of Benefit/Property By Accused To Victim While Granting Bail: Punjab & Haryana High Court
In an important ruling, the Punjab and Haryana High Court has held that at the time of granting bail to the accused, the Court can impose the condition of restitution of benefit/property by the accused to the victim. The Bench
Court Can Interfere In Unconditional Bank Guarantee Only When There Isn’t A Slightest Possibility Of Amount’s Restitution: Bombay HC
The Bombay High Court observed that there can be no interference with an unconditional bank guarantee except when fraud is established or apprehension of irretrievable injustice is demonstrated. The Bench of Justice G. S. Patel observed that while a bank
Consumer Complaint Against A Common Carrier Not Maintainable Without Serving It A Prior Notice: Supreme Court
The Supreme Court observed that a consumer complaint against a common carrier is not maintainable if prior notice under Section 6 of Carriers Act, 1865, is not served on it. Notice is required to be served prior to initiation of
Forensic Science Laboratory’s Report Need Not Be Proved By Calling Its Director As It A Public Document U/S 293 CrPC & Hence Admissible: Allahabad HC
The Allahabad High Court held that since a report of State Forensic Science Laboratory is admissible in evidence (as per the provision of Section 293 Cr.P.C.), therefore, there is no requirement to call the Director of that laboratory to get
A Party To Dispute Cannot be Appointed as Arbitrator Even If The Arbitration Agreement Allows It: Kerala High Court
The Kerala High Court has held that neither a party to an Arbitration Agreement nor a person nominated by it can be nominated an arbitrator, even if the agreement expressly allows the same. With this notion, the Court went on
Exercise Of Power U/S 319 CrPC: “Primacy To Be Given To Evidence Recorded During Trial Over Material Collected During Investigation”: Allahabad HC
The Allahabad High Court observed that for the purpose of the exercise of power under Section 319 of the CrPC, the evidence recorded by the court during trial is to be accorded primacy over the material collected during investigation. Observing
Delhi High Court Takes Suo Moto Cognizance Of Fire At Nehru Place Market, Directs Authorities To Ensure No Hawking & Vending Policy
Taking suo moto cognizance of an incident of fire reported in a building at Nehru Place, District Commercial Centre, the Delhi High Court directed the Delhi Police and the South Delhi Municipal Corporation to ensure no hawking and vending policy
Doctor-Patient Ratio Miserably Failed During Covid-19; No Criminal Negligence Can Be Attached On Individual Opinion: Chhattisgarh High Court
Denying the claim of medical negligence against a doctor for alleged wrongful administration of Remdesivir injection leading to death of a 69 years old woman, the Chhattisgarh High Court observed that putting Doctors to criminal prosecution for negligence would create
“Victim Being Educated Not Immune To Cheating”: Delhi HC Denies Anticipatory Bail To Navy Officer Accused Of Raping Woman On Pretext Of Marriage
Observing that a victim being an educated lady is not immune to cheating, the Delhi High Court has denied anticipatory bail to an Indian Navy Officer accused of raping a woman on pretext of marrying her. Justice Yogesh Khanna observed:
Application For Condonation Of Delay Must Be Submitted With A Written Statement Filed Beyond 30 Days Of Issue Of Summons: Delhi High Court
The Delhi high Court passed an order holding that a written statement filed after 30 days of service of summons but before the expiry of further 90 days must mandatorily be accompanied with a written application setting out the reasons
Commercial Courts Act- Section 12-A On Pre-Institution Mediation and Settlement Is Not A Mandatory Provision: Madras High Court
The Madras High Court held that Section 12-A of the Commercial Courts Act, isnot a mandatory provision. The Court delved into a thorough analysis of the provisions under Section 12-A on Pre-Institution Mediation and Settlement. It further analyzed the Rule
Google says firmly sees itself as partner to India’s financial ecosystem
Internet major Google said it firmly sees itself as a partner to the existing financial ecosystem in India and that instances of partnerships being described as Google Pay's offerings fuel misinterpretation. While the company did not elaborate of any specific
Phone Tapping: Delhi High Court Asks Centre To File Detailed Reply Explaining Procedure For “Monitoring & Interception”
[31 August 2021]The Delhi High Court asked the Central Government to explain in detail the law and procedure followed by it for monitoring and interception of phones of the citizens of India. The order has been passed by a Division
Permitting Public Entity To Not Dispose Of RTI Application In Timely Manner Would Defeat The Purpose Of Right To Information Act: Delhi HC
[31 August 2021]The Delhi High Court observed that permitting a public entity, Bureau of Pharma Public Sector Undertakings of India (BPPI) in the present case, to not dispose of an RTI application in a time bound manner would defeat the
Courts Cannot Injunct Encashment Of Bank Guarantee During Its Validity: Delhi High Court
[01 Septemeber 2021]The Delhi High Court remarked that a judicial order cannot be passed that a Bank Guarantee could not be encashed during its validity. A Bench of Justice Manmohan and Justice Navin Chawla added that, "In our view, the
Supreme Court Reduces Sentence To Period Already Undergone As Man Convicted U/s 498A IPC Agrees To Pay Compensation To His Wife & Children
[01 September 2021]The Supreme Court reduced sentence awarded to a man convicted under section 498A of IPC to period already undergone after he agreed to pay compensation to his wife and children. The object of any criminal jurisprudence is reformative
PC Act – Mere Recovery Of Tainted Money From Accused In Without Proof Of Demand Not Sufficient To Convict : Bombay High Court
[01 September 2021]In a case under the Prevention of Corruption Act (PC Act), mere recovery of tainted money from the accused in the absence of proof of demand is not sufficient to sustain the conviction, reiterated the Bombay High Court.
Writ Of Habeas Corpus Can Be Issued For Restoration of Custody of Minor to the Parent Wrongfully Deprived Of It: Punjab And Haryana High Court
[02 September 2021]Holding that habeas corpus can be issued for restoration of custody of minor to the parent wrongfully deprived of it, the Punjab & Haryana High Court granted relief to a father who had filed a petition alleging illegal
Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates
[03 September 2021]The Kerala High Court held that it was necessary to obtain sanction under Section 197 of the Code of Criminal Procedure for prosecution against public servants, and that cognizance of the offences taken against them without such sanction
RBI issues direction on compensation of private banks’ top officials
The RBI said that the fair value of the share-linked incentives paid to chief executive officers, whole-time directors and other key functionaries by the private banks should be recognised as an expense during the relevant accounting period. The RBI has
Co-Accused Can’t Be Examined As Prosecution Witness Unless Made An Approver By Grant Of Pardon: Kerala High Court
[30 August 2021]The Kerala High Court held that a person arraigned as an accused can only be examined as a witness against the other accused in a trial relating to the same offence when the witness has been made an
Misunderstandings With Male Superior At Workplace Do Not Constitute Sexual Harassment: Madras High Court
[30 August 2021]Setting aside Tamil Nadu Women's Commission order directing Loyola College Society to pay Rs. 64.3 lakh to a terminated female employee who had levelled sexual harassment charges against a former principal, the Madras High Court on Wednesday ruled
‘Amicable Settlement’ : Supreme Court Reduces Sentence Awarded To Man Convicted U/s 307 IPC For ‘Attempt To Murder’
[14 September 2021] The Supreme Court reduced the sentence awarded to a man accused of attempt to murder taking note of the amicable settlement between the accused and the victim.The bench of Justices Ajay Rastogi and Abhay S. Oka noted that
Can A Minor Become A Swami? Karnataka High Court To Examine Legality Of ‘Bala Sanyasa’
[14 September 2021] The Karnataka High Court appointed Senior Advocate SS Naganand as amicus curiae to assist the court in a petition questioning the legality of appointing 16-year-old Aniruddha Saralathaya (now named as Vedavardhana Tirtha) as the Peetadhipathi of the Shiroor
Sentencing On The Same Day As Conviction Denies An Effective Hearing: MP HC Commutes Death Sentence To Life Imprisonment
[13 September 2021] While commuting the death sentence awarded to a man to life imprisonment, the Madhya Pradesh High Court referred to the jurisprudence laid down in Bachan Singh to observe that the accused was denied an effective hearing. A Division
Personal Property of Guarantors Cannot Be Transferred During CIRP of Corporate Debtor: NCLAT
The National Company Law Appellate Tribunal has held that the personal property of the Guarantors could not be transferred in the Corporate Insolvency Resolution Process of the Corporate Debtor, even though, their properties were mortgaged with the Financial Creditors. Officiating
Delhi High Court Seeks Response Of Centre, BCI On Plea Challenging Bar Associations Conduct Of Election Rules As Null & Void
[17 September 2021] The Delhi High Court has issued notice on a petition challenging Bar Associations (Constitution, Recognition and Conduct of Elections) Rules, 2019 framed by the Delhi Bar Council and approved by the Bar Council of India as null and
‘Bail Application Under Stringent Law Like UAPA Should Not Be Dismissed Due To Technical Mistakes’: Riots Accused Tells Delhi Court
[16 Septemebr 2021] Seeking bail in the Delhi Riots larger conspiracy case, riots accused Gulfisha Fatima has told a Delhi Court that bail application under stringent law like Unlawful Activities (Prevention) Act should not be dismissed merely due to some technical
‘Perjury A Heinous Crime, Complaints On It Shouldn’t Be Deferred’: Karnataka High Court
[16 September 2021] The Karnataka High Court observed that consideration of complaints regarding perjury should not be deferred or delayed by courts. Justice Krishna S Dixit said "Act of perjury is treated as a heinous offence in all civilized societies; consideration
Amendments In Written Statement Cannot Completely Displace Former Admissions: Kerala High Court
[15 September 2021] While dealing with a plea where a written statement was amended after the matter was listed for trial, the Kerala High Court observed that amendments made in a written statement cannot completely displace the former admissions made before
Delhi High Court Issues Notice On Plea Seeking Action Against Google Pay’s Alleged Unauthorized Use & Storage Of Users’ Aadhar Details
[15 September 2021] The Delhi High Court issued notices on a Public Interest Litigation, seeking action against Google Pay allegedly for having unauthorized access and storage of the Aadhar and banking information of the citizens. A Division Bench of Chief Justice
Conditions For Grant Of Bail U/S 37 NDPS Act Are Conjunctive; Period Of Detention Immaterial: Gauhati High Court
[15 September 2021] The Gauhati High Court has held that the three conditions stipulated under Section 37 of the NDPS Act for grant of bail to an accused person are conjunctive in nature. Justice Sanjay Kumar Medhi ruled that all the
Can 3rd Party Insurance Be Claimed When Accident Took Place On The Same Day The Policy Was Taken But The Coverage Starts Only From The Next Day? SC To Examine
[15 September 2021] The Supreme Court stayed the operation of a Jharkhand High Court's order which allowed the claim in the case of a motor accident, that occurred a day prior to the coverage of the insurance period, but in which
Ongoing Use Of UAPA Throughout India Worrying : UN Human Rights Commissioner
[14 Septemeber 2021] The Office of High Commissioner of Human Rights, United Nations, has expressed its concerns over the ongoing use of the Unlawful Activities (Prevention) Act throughout India and has called the situation as 'worrying. Referring to the state of
Bad Bank security receipts to get Centre’s backing of ₹30, 600 crore
The government will provide a guarantee of ₹30,600 crore for security receipts issued by the proposed bad bank, finance minister Nirmala Sitharaman said on Thursday, announcing cabinet approval for the plan. The National Asset Reconstruction Co. Ltd (NARCL) is being
Indian Banks’ Association to push for more reforms, take over EASE agenda
Indian Banks' Association or IBA has taken up reformation of the corporate lending system, dealing with issues like syndicate lending and multiple financing, said its chief executive Sunil Mehta. "IBA has given its recommendations to RBI," he said. The government,
Ensure Newslaundry’s Data Is Not Leaked: Delhi High Court Tells Income Tax Department Following Survey & Seizure
[17 September 2021] The Delhi High Court asked the Income Tax Department to seek instructions on a petition filed by news portal Newslaundry and it's CEO Abhinandan Sekhri, apprehending leakage of the data seized during a recent IT survey in their
Adverse Orders No Basis To Infer Personal Bias Of A Judge: Allahabad High Court Dismisses A Transfer Plea
[12 October 2021] The Allahabad High Court observed that adverse orders are no basis to infer the personal bias of a Judge. The Court further noted that if this ground were to be permitted for allowing a transfer plea, the wheels
Paying ₹450 Per Month Is ‘Forced Labour’ & Violation Of Article 23: Allahabad HC Directs UP Govt To Pay Minimum Wages To A IV Class Employee
[11 October 2021] The Allahabad High Court pulled up the Uttar Pradesh Government for paying Rs. 450 per month as wages to a Class-IV post since his initial engagement in 2001, which is less than the minimum wages as prescribed in
Madhya Pradesh High Court Directs State & Municipal Corporation To File Compliance Report on Road Safety Policy, 2015
[11 October 2021] The Gwalior Bench of the Madhya Pradesh High Court has ordered the State and Gwalior Municipal Corporation [GMC] to submit a compliance report to the Madhya Pradesh State Road Safety Policy, 2015. A Division Bench of Justice Sheel
Facebook to change rules on attacking public figures on its platforms
Facebook will now count activists and journalists as "involuntary" public figures and so increase protections against harassment and bullying targeted at these groups, its global safety chief said in an interview this week.The social media company, which allows more critical
RBI allows multinational banks to store limited data abroad
Bringing a closure to a contentious issue, the Reserve Bank of India (RBI) has allowed multinational banks operating in the country to store a limited set of data in offshore servers. Certain fields of static information such as name and
“Accused Cannot Claim Discharge Merely On Ground Of Delay In Recording Of Statements”: Delhi Court Frames Charges Against 9 In Riots Case
[15 October 2021] A Delhi Court has framed charges against 9 men in relation to a North East Delhi riots case after observing that they cannot claim discharge merely on the ground that there was a delay in recording of statements
‘Case Closed Via Lok Adalat Amounts To Decree/ Award; Courts Can’t Recall The Said Order, Bar Under S. 362 CrPC Will Apply’: Karnataka High Court
[14 October 2021] The Karnataka High Court said that once a case is closed at a Lok Adalat, it amounts to a decree or award and the court or magistrate does not have the power to recall the said order. A
Examining The Accused And Recording Their Statement Under S.313 CrPC: Karnataka High Court Issues Directions For Trial Courts To Follow
[13 October 2021] The Karnataka High Court issued guidelines to be followed by trial court judges while examining the accused and recording his statement under Section 313 of the Criminal Procedure Code (CrPC). Justice Sreenivas Harish Kumar said, "Section 313 of
Investigation In Sexual Harassment & Assault Complaint Made In 2014 Pending Till Date: Delhi High Court Directs Appearance Of DCP
The Delhi High Court has sought personal appearance of a DCP of Delhi Police in an "unfortunate" case where the police has failed to take any steps to complete the investigation qua an FIR for sexual harassment registered in 2014.
Rights Of Persons With Disability Act Does Not Create Embargo On Exercise Of Parens Patriae Jurisdiction By HC Under Article 226: Delhi High Court
[02 November 2021] The Delhi High Court has held that the Rights of Persons With Disability Act, 2016 Act or the Rules framed thereunder do not create any embargo on the exercise of parens patriae jurisdiction by it under Article 226
‘Any Attempt To Demand Gawking Charges To Be Treated As Extortion & Penalised Under Most Stringent Provisions’: Kerala High Court
[01 November 2021] The Kerala High Court made it clear that any attempt made in the State to demand gawking charges (popularly known as nokkukooli) will be penalised under the most stringent provisions of law under the offence of extortion. Justice
‘Extraordinary Situation Warrants Extraordinary Measures’: Karnataka HC Relaxes Advocates’ Association Bye Laws For Conducting Elections Expeditiously
[01 November 2021] The Karnataka High Court has relaxed the rigor of certain Bye Laws of the Advocates Association of Bengaluru, for ensuring the elections to the Association are completed expeditiously and latest by December 22, as earlier ordered by the
Government issues norms to protect bankers when bonafide decisions go wrong
Seeking to protect honest bank employees, the government has come out with the 'staff accountability framework' under which officers concerned will not be hauled up in case bonafide decisions involving loans up to Rs 50 crore go wrong. The framework
Delhi High Court asks RBI, SBI to respond to plea to revoke prohibition on use of UPI for cryptocurrency exchange
The Delhi High Court sought the response of the Reserve Bank of India and State Bank of India on a plea seeking to direct the authorities to revoke the prohibition on the use of UPI platform in dealing and settling
Mobikwik, Oyo Rooms and Delhivery to soon join the IPO startup party
The local primary market is gear- STARTUP IPOs ing up for a slew of Indian startups looking to raise money through initial public offerings. Following the success of Zomato NSE 0.84 %’s listings, many of these new-age businesses are readying
Notice U/Sec 50 NDPS Act Should Specify What Rights Accused Has; Merely Informing Him That He Has Rights Not Sufficient: Punjab & Haryana High Court
[05 November 2021] The Punjab and Haryana High Court observed that a notice under Section 50 of Narcotic Drugs and Psychotropic Substances Act, 1985 should specify what rights the accused has under the NDPS Act. Merely informing the accused that he
Person Involved In Live-In Relation Without Obtaining Divorce From Spouse May Face Bigamy Charge: P&H High Court
[04 November 2021] The Punjab & Haryana High Court recently observed that if a married person is in live-in-relationship, without obtaining a divorce from his/her spouse, then that may amount to an offence under 494 of the Indian Penal Code (Bigamy).
Companies Act 2013 – Proposed Shareholder Resolution Must Be Legal For EGM To Be Called : Bombay High Court
[04 November 2021] The Bombay High Court ruled that a shareholder resolution requisitioned under Section 100 of the Companies Act, 2013 must be legal so as to demand the Board of Directors hold an Extraordinary General Meeting (hereinafter EGM). The Single
Obligation To Maintain Child Is Paramount Wish Of Father; Cannot Be Permitted To Limit It On Flimsy, Baseless Grounds: Delhi Court
[03 November 2021] A Delhi Court observed that the statutory obligation to maintain a child is the paramount wish of a father and he cannot be permitted to limit the same on flimsy or baseless Grounds. Special Judge Deepak Wason also
Google Cannot Absolve Itself From Liability Of Ensuring That Keyword Is Not An Infringement Of Trademark: Delhi High Court
[03 November 2021] The Delhi High Court has observed that Google cannot absolve itself from the liability of ensuring that a keyword is not an infringement of trademark. Justice V Kameswar Rao also observed that allowing individuals who are not owners
‘Reason Is The Soul Of Justice’: Patna High Court Imposes Exemplary Cost On Govt Official For Passing Unreasoned Order
[03 November 2021] The Patna High Court held that even administrative and quasi-judicial authorities are expected to pass reasoned orders, in support of their conclusions, to avoid any prejudice. Justice Chakradhari Sharan Singh, while hearing an appeal against a black-listing (unreasoned)
Need To Look At Live-In Relations From The Lens Of Personal Autonomy Rather Than Notions Of Social Morality: Allahabad HC
The Allahabad High Court observed that live-in relationships are required to be viewed from the lens of personal autonomy rather than the notions of social morality The Bench of Justice Pritinker Diwaker and Justice Ashutosh Srivastava observed thus while dealing
Relief Can’t Be Granted Against Registration Of FIR/ Criminal Proceedings In A PIL: Delhi High Court Imposes 25K Cost
The Delhi High Court imposed cost of Rs. 25,000 while dismissing a public interest litigation, seeking status report of foreign nationals lodged in jails and framing of guidelines for their deportation. The Division Bench of Chief Justice DN Patel and
‘Equality’ A Definite Concept And A Vested Right ; Article 14 Is Violated When ‘Equals Are Treated Unequally’ : Supreme Court
The Supreme Court observed that the right to equality under Article 14 of the Constitution is a vested right and the same is violated when the equals are treated unequally. The bench of Justices MR Shah and AS Bopanna said
Intent Of Foreign Defendants To Target Indian Customers Must Be Established In Internet Trademark Infringements: Delhi HC
The Delhi High Court has observed that in case of internet trademark infringements, the intent of foreign seated defendants to target Indian customers and market must be established. Justice C Hari Shankar also observed that in such cases the interactivity
Senior Citizens Are Entitled To Get Their Cases Decided On Preferential Basis, Observes Punjab & Haryana High Court
While dealing with a plea of a 67-year-old senior citizen who submitted that proceedings in his rent petition are moving at a slow pace, the Punjab and Haryana High Court recently observed that senior citizens are entitled to get their
Economic Offences Corrode Fabric Of Democracy, Against National Economy And National Interest: Delhi High Court
The Delhi High Court observed that economic offences corrode the fabric of democracy and are against the national economy and national interest of the Country where innocent investors are duped of their hard-earned money. The observation came from Justice Anu
Pleas seeking recognition and registration of same-sex marriages under the law; Navtej Johar Case Does Not Recognize Same-Sex Marriage:
The Delhi High Court has listed a batch of pleas seeking recognition and registration of same-sex marriages under the law for final hearing on November 30. The bench of Chief Justice DN Patel and Justice Jyoti Singh has meanwhile granted
Maintenance Amount Awarded By Family Court Must Be Realistic & Reasonable; Order Should Be Clear & Reasoned: Delhi High Court
The Delhi High Court observed that maintenance amount awarded by the Family Court must be realistic and reasonable and that the order passer by such Courts must be clear and well reasoned- indicative of the facts, controversy and reasoning of
New bank locker rules: Will get nothing if content is lost due to ‘Acts of God’
The Reserve Bank of India (RBI) has issued revised instructions for all banks regarding locker management. The revised instructions will be applicable to both new and existing safe deposit lockers and the safe custody of articles facility with the banks.
‘Right To Be Funny Can Be Mined In Article 19(1)(a)’ : Madras High Court Quashes FIR Over Humorous Facebook Post
[21 December 2021] While quashing an FIR registered against an office-bearer of CPI (ML) who uploaded vacation pictures with the caption 'Trip to Sirumalai for shooting practice', the Madurai Bench of Madras High Court went on to make some interesting observations
Provision Of Appeal U/S 29 Of Domestic Violence Act Not Bar On Filing Application For Quashing U/S 482 CrPC: Karnataka High Court
[21 December 2021] The Karnataka High Court has held that the provision of Appeal under Section 29 of the Protection of Women from Domestic Violence Act does not take away the right of an aggrieved person to approach the High Court
Delhi Court Issues Summons In Suit Against Business Of Carrying Forward Trading In Cryptocurrencies Without Regulatory Approval
[21 December 2021] A Delhi Court recently issued summons in a suit filed against the business of carrying forward trading in cryptocurrencies in the Country, without any statutory or regulatory approval. Additional District Judge Geetanjali of the Saket Court was dealing
Negotiable Instruments Act Being Penal Statute Should Receive Strict Construction: Delhi High Court
[21 December 2021] The Delhi High Court has observed that the Negotiable Instruments Act, 1881 should receive strict construction for the reason of being a penal statute. Justice Manoj Kumar Ohri also observed that specific averments in a criminal complaint which
Right To Default Bail Not Extinguished With Simultaneous Filing Of Chargesheet: Madras High Court
[20 December 2021] The Kerala High Court directed a CBI investigation into a scam involving misappropriation of over ₹7.5 crores from the Kerala Advocates Welfare Fund. The amount was allegedly swindled through fake documents over a span of 10 years. Justice
Delhi High Court Upholds Conviction U/S 377 IPC; Sets Out Ingredients Of ‘Carnal Intercourse Against Order Of Nature’
[20 December 2021] The Delhi High Court has observed that any physical act answering to all the ingredients below committed upon a minor is per-se 'carnal intercourse against the order of nature' appearing in section 377 of IPC: i. it must have
Bank employees responsible for customer’s trust, not to be reinstated in case of loss of confidence: HC
The Delhi High Court has said that bank employees have the larger responsibility of ensuring the banking system's integrity as well as maintaining the trust of customers and therefore their reinstatement ought not be permitted when there is a loss
Govt asks banks to share details of ‘interest on interest’ charged
The finance ministry has asked banks to share details of their board-approved policy on refund or adjustment of 'interest on interest' charged to borrowers during the moratorium period March to August 2020. An official confirmed the development and said that
“Failure On Wife’s Part To Disclose Her Mental Disorder Before Her Marriage Constituted Fraud On Husband”: Delhi HC Annuls Marriage After 16 Yrs
[24 December 2021] The Delhi High Court annulled marriage between a husband and wife after 16 years observing that the failure on wife's part to disclose her mental disorder before her marriage with the husband constituted a fraud perpetrated upon him.
Wife Being Capable Of Earning No Ground To Deny Her Interim Maintenance, Many Time Wives Sacrifice Their Career Only For Family: Delhi High Court
[23 December 2021] The Delhi High Court has observed that the fact that a wife is capable of earning is no ground to deny interim maintenance to her opining that many time wives sacrifice their career only for the family. Justice
Mere Refusal To Marry After Sexual Relations Not Offence of Cheating : Bombay High Court
[23 December 2021] Mere refusal to marry a woman after a long relationship would not constitute the offence of 'cheating' under section 417 of the Indian Penal Code if there is no evidence of fraudulent misrepresentation of promise of marriage for
Maintenance Order U/S 125 CrPC May Be Enforced In Any Place Where Person Against Whom It Is Made May Be; Residence Not Material: Delhi HC
[22 December 2021] The Delhi High Court has observed that the presence of a person at preferred jurisdiction at the time of application for maintenance against him under Section 125 of the Code of Criminal Procedure would be a material fact
Anticipatory Bail Plea Not Maintainable Once Accused Enters Appearance, Either Personally Or Through Counsel: Karnataka High Court
[27 January 2022] The Karnataka High Court has said that once an accused has appeared before the court, either personally or through his counsel, he cannot seek anticipatory bail by invoking section 438 of the Criminal Procedure Code (CrPC). Justice
No question of repealing a law struck down by court; rights cannot be built up under it: Supreme Court
[02 February 2022] The Supreme Court on Tuesday observed that legislature cannot infuse life into a legislation, which it itself recognised as unconstitutional, by enacting a saving clause. The bench of Justices LN Rao, BR Gavai and BV Nagarathna was considering
Limitation Act Does Not Apply To Criminal Proceedings Unless There Are Specific Provisions To That Effect: Chhattisgarh High Court
[01 February 2022] The Chhattisgarh High Court held that the Limitation Act, 1963, does not apply to criminal proceedings unless express and specific provisions to that effect are contained in the statute. Justice Gautam Chourdiya held that there is no specific
Absurd that face masks are mandatory for those driving alone: Delhi High Court
[01 Feburary 2022] The Delhi High Court called the order passed by the Delhi Government mandating wearing of face mask inside private vehicle as "absurd", asking further as to why the same was still prevailing in the changed circumstances.A bench
Can’t Violate Minor’s Fundamental Right To Be Educated For Father’s Fraudulent Claim Under RTE Act: Allahabad High Court
[01 February 2022] The Allahabad High Court has observed that a minor's right to be educated can't be violated on account of his/her father's fraudulent claim under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act).The
Author Of Tender Document Is The Best Person To Interpret Its Documents And Requirements, Reiterates Supreme Court
[31 January 2022] The author of the tender document is the best person to interpret its documents and requirements, the Supreme Court reiterated in a judgment delivered on 31 January 2021. The bench comprising Justices Dinesh Maheshwari and Vikram Nath observed
RBI to issue Central Bank Digital Currency in FY23: FM Sitharaman in Budget
Finance minister Nirmala Sitharaman announced that the RBI will roll out the Central Bank Digital Currency (CBDC) in FY23.She said that the CBDC will be based on blockchain technology. "Digital rupee to be issued using Blockchain and other technologies by
Breaching Promise To Marry Will Not Amount To Offence Of Cheating Under IPC : Karnataka High Court
[24 January 2022] The Karnataka High Court while quashing the FIR registered against a man and his family has reiterated that not abiding with the promise of marriage will not amount to the offence of cheating under Section 420 of
Family Courts Expected To Bring About Settlement, Endeavour Can’t Be To Simply Dispose Of Cases At Cost Of Justice: Delhi High Court
[24 January 2022] The Delhi High Court observed that the Family Courts are expected to function so as to bring about a settlement between the parties if possible, adding that the endeavour of the Court cannot simply be to dispose
USISPF recommends urgent action to address distortions and inefficiencies in the banking sector
Days ahead of the annual budget, a top American business advocacy group, in a set of recommendations to the India's Union Finance Minister, has recommended urgent action to address the distortions and inefficiencies arising out of regulatory mandates in the
Implement Prohibition of Employment as Manual Scavengers Act on war footing: Karnataka High Court
[04 February 2022] The Karnataka High Court recently directed the State of Karnataka and the Karnataka State Safai Karmachari Development Corporation to take steps to implement the Prohibition of Employment as Manual Scavengers & their Rehabilitation Act, 2013, on a
High Courts not administratively subordinate; can’t issue directions on Bombay HC working hours: Supreme Court
[04 February 2022] The Supreme Court reiterated that High Courts do not function under the administrative superintendence of the Supreme Court and the top court is not empowered to give directions affecting the administrative sphere of the High Court.Hence, the
Marital Rape Exception: Committed to protecting rights of every woman: Centre asks Delhi High Court to defer hearing
[03 February 2022] The Central government has reiterated its request before the Delhi High Court to defer hearing in a bunch of pleas challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by
Punjab and Haryana High Court stays Haryana’s law on 75% domicile reservation in private sector jobs
[03 February 2022] The Punjab and Haryana High Court granted an interim stay on the Haryana government's law providing for 75% reservation for state domicile in the private sector. The stay on the law came from the Bench of Justice
Section 34 SARFAESI Act: General Bar On Civil Proceedings Not Applicable When Secured Creditor Accused Of Committing Fraud: Delhi High Court
[03 February 2022] The Delhi High Court has held that invocation of Section 13 of the SARFAESI Act results in a general bar to civil court proceedings, in light of Section 34 of the Act. However, this general rule is
POSH Act Applicable To Girl Students Of A School: Calcutta High Court
[27 January 2022] The Calcutta High Court observed that the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (2013 Act) is applicable to girl students of a school. A Bench comprising Justice HarishTandon
Motor Accident Compensation: Claimant Entitled To Future Loss Of Income Proportionate To Extent Of Disability Though There Is No Total Loss Of Income
[27 January 2022] The Bombay High Court observed that while determining the compensation that the applicant would be entitled to on account of loss of future earnings, even if the applicant has not suffered total loss of income due to
Initiation Of CIRP Not A Pre-Requisite To Initiate IRP Against The Personal Guarantor: NCLAT
[27 January 2022] The NCLAT in a Bench comprising of Justice Ashok Bhushan (Judicial Member) and Dr. Alok Srivastava (Technical Member) in State Bank of India v. Mahendra Kumar Jajodia held that initiation of Corporate Insolvency Resolution Process is not
Registry Can’t Raise Objections On Maintainability Even If Alternative Remedy Available, High Court’s Discretion To Exercise Powers Under Article 227: Madras HC
[26 January 2022] In civil revision petitions filed challenging an order passed by Coimbatore Principal District Munsiff, Madras High Court has held that the power to issue writ under Article 226 or Article 227 is subject to the court's discretion
A Kazi Can Act As Mediator To Settle Disputes But Can’t Adjudicate Them & Pass Orders Like A Decree: Madhya Pradesh High Court
[25 January 2022] The Madhya Pradesh High Court (Indore Bench) observed that a Kazi can entertain a dispute and acts as a mediator to settle the dispute between the members of the Muslim community but he cannot adjudicate the dispute
Motor Accident Compensation: Multiplier Method Has To Be Applied For Future Prospects And Advancement In Life And Career: Supreme Court
The Supreme Court observed that, while computing motor accident compensation, multiplier method has to be applied for future prospects and advancement in life and career. In this case, Motor Accident Claims Tribunal assessed the amount of compensation at Rs.21,92,000/-. The
No Right Accrues In Favour Of Bidders Of A Tender Offer Unless The Same Is Approved By Higher Authorities: Orissa High Court
The writ petitions filed by participants of a tender offer challenging the action of the Superintending Engineer and Chief Engineer in cancelling the tender was dismissed by Orissa High Court. A Bench consisting of Chief Justice S. Muralidhar and Justice
Breaking: Writ Of Habeas Corpus Not Maintainable Against Judicial Order Of Magistrate /CWC Sending Minor Victim To Children Protection Homes:Allahabad High Court (FB)
A Full Bench of Allahabad High Court held that an order passed by a Judicial Magistrate or Child Welfare Committee sending victim to women protection homes/child care homes cannot be challenged or set aside in a writ of habeas corpus.
Criminal Case Ought To Be Inquired And Tried Ordinarily Where The Cause Of Action Has Accrued: Supreme Court
The Supreme Court reiterated that a criminal case ought to be inquired and tried ordinarily where the cause of action has accrued. The bench comprising Justices Ashok Bhushan and Indu Malhotra observed thus while dismissing a transfer petition filed by
Blanket Order Of Protection From Arrest Cannot Be Passed By High Court While Dismissing A Petition U/s 482 CrPC: Supreme Court
The Supreme Court observed that a blanket order of protection from arrest cannot be passed by the High Court while dismissing a petition filed under Section 482 of Code of Criminal Procedure seeking quashing of FIR. The issue raised in
Petition U/s 482 CrPC Challenging Domestic Violence Act Proceedings Maintainable: Meghalaya High Court
The Meghalaya High Court has held that petition under Section 482 of the Code of Criminal Procedure before it challenging Domestic Violence Act proceedings is maintainable. In this case, it was contended that the proceedings under the DV Act, 2005
Parliament Passes Arbitration & Conciliation (Amendment) Bill, 2021 For Automatic Stay On Awards Induced By Fraud/ Corruption
The Rajya Sabha passed the Arbitration and Conciliation (Amendment) Bill, 2021by voice vote. The Bill was passed by the Lok Sabha on February 12, 2021. It will replace the Ordinance promulgated on 4 November 2020. It seeks to amend the
‘Evidence Of Interested Witnesses Should Be Subjected To Careful Scrutiny & Accepted With Caution’: Reiterates Allahabad High Court
The Allahabad High Court has held that the testimony of an interested witness, though admissible, should be accepted by the Court after a careful scrutiny and corroboration with other materials placed on record. A Division Bench comprising of Justices Manoj
It Is Now Becoming A Trend To Register FIRs Alleging Sexual Harassment Cases To Force a Party To Withdraw Complaint Or To Arm Twist A Party: Delhi HC
Ruling that time has come to initiate action against persons who file frivolous complaints under Sections 354, 354A, 354B, 354C, 354D IPC etc. only for an ulterior purpose, the Delhi High Court recently imposed a cost of Rs.30,000 on the
No Inherent Right Vested In Husband Or His Relatives To Claim Custody Of Minor Girl By Filing Habeas Corpus Plea: Punjab & Haryana High Court
Underlining the principle of paramount welfare of child, the Punjab and Haryana High Court has held that a minor girl who marries with her consent and refuses to stay with her parents, can be sent to child protection home. A
RBI Is ‘State’ Under Article 12; Private Banks Discharging Public Functions Amenable To Writ Jurisdiction: Calcutta High Court
The Calcutta High Court has held that the Reserve Bank of India (RBI) is "State" under Article 12 of the Constitution and thus, a writ petition is maintainable against it. The judgment delivered by a Single Bench of Justice Sabyasachi
Cyber security critical for digital banking success: SBI official
Cyber security is critical for the success of digital banking and banks should create the infrastructure to win customers' trust for all such transactions, a senior SBI official said. Digital banking or Figital is here to stay and is the
Insolvency Proceedings Maintainable Even If Winding Up Petition Is Pending Against Corporate Debtor: Supreme Court
The Supreme Court held that a petition either under Section 7 or Section 9 of the Insolvency and Bankruptcy Code is an independent proceeding which is unaffected by winding up proceedings that may be filed against the same company.The bench
Lok Sabha Passes Finance Bill 2021
The Lok Sabha passed the Finance Bill, 2021 to give effect to the financial proposals of the Central Government for the financial year 2021-2022. Apart from the Finance Act, the Bill also proposes to amend the Income Tax Act, 1961;
Court/Tribunal can condone delay under section 5 limitation act even in the absence of a formal application: SC
The Supreme Court held that there is no bar to exercise by the Court/Tribunal of its discretion to condone delay under Section 5 of the Limitation Act, in the absence of a formal application. However, the Court can always insist
Section 14 of the Limitation Act applies to applications under section 7 IBC
The Supreme Court has held that in an application under Section 7 of the Insolvency and Bankruptcy Code, the applicant can claim the benefit of Section 14 of the Limitation Act, in respect of proceedings under the SARFAESI Act. Section
Online web platforms need to be regulated by statutory body in the interest of public morality and decency: NGO submits before SC
Justice For Rights Foundation, has submitted before Supreme Court that an effective control of content on OTT platforms cannot be done without legislation, and regulation of these platforms by statutory body is necessary in interest of public morality and decency.
Delhi High Court Seeks Just Dial’s Reply On IndiaMart’s Plea For Contempt Of Order On Copyright Infringement
The Delhi High Court has issued notice to Just Dial Ltd and its Managing Director seeking their replies to a contempt application by IndiaMart InterMesh Ltd for alleged infringement of a prior copyright order in favor of IndiaMart. The single
A Second FIR Based On The Very Same Allegations Cannot Be Registered When The First FIR Has Been Quashed On Merits: Kerala High Court
The Kerala High Court while dismissing a petition ruled that a second FIR based on the very same allegations cannot be registered, more so when the first FIR has been quashed on merits. V. S. Achuthanandan, the former Chief Minister
Deutsche Bank gets nod to set up IFSC banking unit at GIFT City
Deutsche Bank will set up its IFSC banking unit at India's first global financial centre in Gujarat. The bank has received approval from the GIFT SEZ Authority to set up an IFSC banking unit at India's first International Financial Services
Delhi HC Restrains Netflix & Others from Broadcasting Of Documentary “A Big Little Murder” Based On Ryan International School Murder Case
The Delhi High Court has restrained Netflix, Channel News Asia and others from broadcasting or streaming the documentary titled "A Big Little Murder" based on the tragic death of a 7-year-old boy who was found dead in the washroom of
Justice Munishwar Nath Bhandari appointed as the CJI of Madras High Court
[11 February 2022] Justice Munishwar Nath Bhandari has been appointed Chief Justice of the Madras High Court, the Law Ministry said on Thursday. Justice Bhandari had taken over as the Acting Chief Justice of the Madras High Court after the
POCSO Offenders Deserve No Leniency: Supreme Court
[09 February 2022] In a case where a 65-year-old man committed aggravated penetrative sexual assault on his 4-year-old neighbor, the bench of MR Shah and BV Nagarathna, JJ has observed that any act of sexual assault or sexual harassment to
Can the post office/bank be held liable for the fraud or wrongs committed by its employees?: Supreme Court
[08 February 2022] The 3-judge bench of L. Nageswara Rao, Sanjiv Khanna and BR Gavai, JJ has held that the post office/bank can be held liable for the fraud or wrongs committed by its employees. The Court observed that the Post
Whether the promotion scheme implemented by office memorandum supersedes recruitment regulations?: Supreme Court
[07 February 2022] While adjudicating the issue as to whether promotion scheme implemented by office memorandum supersedes recruitment regulations, the Division Bench of Dr Dhananjaya Y Chandrachud and A S Bopanna, JJ., held that regulations made under the statute have
Disclosure requirements tightened for RPTs by entities that have listed non-convertible debt securities: SEBI
The Securities and Exchange Board of India (SEBI) tightened disclosure requirements for related-party transactions (RPTs) by entities that have listed non-convertible debt securities. This follows up on an earlier Sebi directive that enhances shareholder oversight of RPTs by listed companies.
Guidelines issued on Accounting with respect to Indian Accounting Standards (IND AS) : SEBI
SEBI vide notification dated January 25, 2022, amended SEBI (Mutual Funds) Regulations, 1996 (MF Regulations), which, inter-alia, mandated that the AMCs shall prepare the Financial Statements and Accounts of the Mutual Fund Schemes in accordance with IND AS with effect
Delhi Riots-HC Refuses To Entertain Impleadment Application Challenging Maintainability Of Plea Seeking Registration Of FIR Against Politicians: Delhi High Court
[24 February 2022] The Delhi High Court on Thursday refused to entertain an impleadment application challenging the maintainability of the plea seeking registration of FIR against various politicians for allegedly making hate speeches to incite the Delhi riots of 2020.
Blocking Of 34 Rogue Websites Indulging In Online Piracy: Delhi High Court
[23 February 2022] The Delhi High Court has ordered for blocking 34 rogue websites indulging in online piracy by streaming content of Universal City Studios LLC., Warner Bros. Entertainment Inc., Columbia Pictures Industries, Inc., Netflix Studios, LLC, Paramount Pictures Corporation
If a case was filed under IBC, can a penalty be imposed under Companies Act?: NCLAT
[22 February 2022] The Coram of Justice Ashok Bhushan (Chairperson) and Dr Alok Srivastava (Technical Member) held that if the Intervention Application was filed under the IBC, then, any penalty to be imposed should have been under the provisions of
Can judicial separation be granted instead of divorce for which party has approached the Court? : Del HC says
[21 February 2022] As per the scheme of the Hindu Marriage Act, 1995 the ambit and the scope of the Judicial Separation and Divorce is qualitatively different. The High Court observed that the parties cannot remarry during the period of
SEBI inserts definition of ‘Professional clearing member’ vide SEBI (Stock Brokers) (Amendment) Regulations, 2022: SEBI
On February 23, 2022, the Securities and Exchange Board of India (SEBI) issued the Securities and Exchange Board of India (Stock Brokers) (Amendment) Regulations, 2022 to further amend the Securities and Exchange Board of India (Stock Brokers) Regulations, 1992. The Key
Fraudulent Trading| SEBI must disclose all relevant material, including Investigation Report, to noticee except certain sensitive information: Supreme Court
In a case where the Court was dealing with the violation of the provisions of the SEBI (Prohibition of Fraudulent and Unfair Trade Practices) Regulations 2003 [PFUTP Regulations], the bench of Dr. DY Chandrachud and Sanjiv Khanna, JJ has held
S. 21 CPC | Subsequent Suit Seeking Further Reliefs has to Be Stayed If There Is ‘Identity Of Matter’ In Previous Litigation: Delhi HC
[18 February 2022] The Delhi High Court recently delved into an issue relating to the staying of subsequent suit under Section 10 of the Civil Procedure Code, 1908 where there is identity of matter with previous litigation. Section 10 CPC stipulates
Participation In Arbitral Proceedings Does Not Constitute Waiver Of Right To Challenge Appointment Of Ineligible Arbitrator: Delhi HC
[17 February 2022] The Delhi High Court recently terminated the mandate of a sole arbitrator appointed unilaterally at the instance of one of the contracting parties. Justice Vikram Bakhru held that the mere fact that the petitioner did not object to
PMLA | Offence Of Money Laundering Layered, Includes Stages Preceding & Succeeding The Offence But Mere Suspicion Not Prima Facie Proof: Delhi HC
[17 February 2022] The Delhi High Court on Thursday held that the offence of money laundering under the Prevention of Money Laundering Act, 2002 is layered and multi-fold which includes the stages preceding and succeeding the offence. Justice Chandra Dhari Singh
Courts U/S 34, Arbitration and Conciliation Act, 1996 Can Remand Matter to the Arbitrator For Fresh Decision If Both Parties Consented: Supreme Court
[15 February 2022] The Supreme Court observed that the principle that a court while deciding a petition under Section 34 of the Arbitration and Conciliation Act has no jurisdiction to remand the matter to the Arbitrator for a fresh decision
Lokayukta Can Only ‘Recommend’ To Disciplinary Authority To Take Action Against Erring Officer, No Statutory Power To Issue Direction: Jharkhand HC
[15 February 2022] The Jharkhand High Court has held that Section 12(3) of the Jharkhand Lokayukta Act, 2001 does not confer power upon the Lokayukta to pass a direction commanding upon the disciplinary authority to take action against a person,
Assigning Share In Profit In Partnership Firm Different From Constituting A Sub-Partnership: Gujarat HC
[14 February 2022] There is a fine distinction between a case where a partner of a firm assigns their share in favour of a third person and a case where a partner constitutes a sub-partnership with their share in the
RBI extends deadline for NBFCS to meet new NPA upgradation norms
The Reserve Bank of India on 15 February, 2022 extended the timeline by six months for NBFCs to adhere the new NPA recognition norms. Earlier the regulator had set 31 March, 2022 deadline for non-bank lenders to upgrade NPAs only
Appointment of Judges: Delhi High Court
[25 February 2022] The President of India appointed 4 new Judges at the Delhi High Court this Friday. A notification from the Ministry of Law and Justice said that Neena Bansal Krishna, Dinesh Kumar Sharma, Anoop Kumar Mendiratta, Sudhir Kumar
If Excluding Time from CIRP Helps The Corporate Debtor To Revive Its Operations, Such Exclusion Must Be Allowed: NCLAT
[18 February 2022] The NCLAT Single Bench consisting of Justice M. Venugopal, Judicial Member held that if exclusion of time of CIRP helps to revive the operations of the Corporate Debtor and thus achieve the objective of the Insolvency and
Transgender Persons Self-Identifying As Females Can’t Be Clubbed Under Women Quota, Should Be Given Special Reservation : Madras HC
[02 March 2022] The Madras High Court has held that clubbing Transgender persons who self-identified as females under the quota for women is unconstitutional. The Court observed, "The decision of Tamil Nadu Uniform Services Recruitment Board (TNUSRB) to combine the TGs,
S.14 SARFAESI Act | Creditor Bound By Time-Limit Prescribed By Magistrate For Taking Possession Of Secured Asset: Andhra Pradesh HC
[02 March 2022] The Andhra Pradesh High Court has held that once the time specified in the warrant issued by the Chief Metropolitan Magistrate or District Magistrate under Section 14 of SARFAESI Act had elapsed, possession of the secured asset
Retired Partner Cannot Initiate Proceedings Under IBC Against Other Partners Or Firm For Retirement Dues: NCLT, Mumbai
[01 March 2022] The NCLT, Mumbai Bench consisting of Kishore Vemulapalli, Judicial Member and Rajesh Sharma, Technical Member in the case of Anil Vora HUF v. Kavya Build-Con Private Limited rejected the Section 9 application filed by the Operational Creditor
Maintenance Awarded To Wife Under Domestic Violence Act Cannot Be Enhanced under S.127 CrPC: Karnataka HC
[28 February 2022] The Karnataka High Court has held that maintenance awarded to an estranged wife under the provisions of Protection of Women from Domestic Violence Act, 2005, cannot be enhanced on an application made by her under section 127
Indian banks await government’s orders on dealing with Russian lenders
Indian banks will wait for orders from the government on whether to stop dealing with Russian banks after the US, the European Union and its allies moved to isolate some of them from the global financial markets platform, the Society
Petitioners Not Being Employees Have No Legal Right To Stop Govt From Outsourcing Services: Madhya Pradesh HC
[04 March 2022] The Madhya Pradesh High Court has held that the Petitioners, who were working for an agency that was hired by the State, did not have a legal right to stop the government from outsourcing services in the
Income Tax Act Does Not Prohibit HRA Exemption On Rent Paid To Wife: ITAT Delhi
[04 March 2022] The Delhi Bench of Income Tax of Appellate Tribunal (ITAT), consisting of members A. D. Jain (Vice President) and Dr. B. R. R. Kumar (Accountant Member), has ruled that HRA exemption under Income Tax Act, 1961 cannot
Right To Be Forgotten : Kerala HC Formulating Information Management Policy To Mask Personal Information In Judgments
[03 March 2022] The Kerala High Court on 3 March, 2022 declared that it was in the process of drafting an Information Management Policy which could possibly address the issue of masking of the parties' names in its orders and
Embossing Customer Name On Goods Not Amount To ‘Branding’ If Goods Are Not Sold By Customers: CESTAT Deletes 1% Excise Duty
[03 March 2022] The Chennai Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) while deleting the 1% of Excise Duty, held that embossing customer name on goods does not amount to 'Branding' if goods are not sold by
S.21 Of General Clauses Act Can’t Be Used To Review ‘Award’ Made Under Land Acquisition Act, 1894: Manipur HC
[17 March 2022] The Manipur High Court has recently held that Section 21 of the General Clauses Act, 1897 ("the Act of 1897") cannot be employed to review an 'Award' made under the Land Acquisition Act. The Court observed that the
“A District Magistrate, After Passing An Order Under S.14 Of The SARFAESI Act Does Not Have Any Jurisdiction To Review, Recall Or Modify It”: Punjab and Haryana HC
[17 March 2022] The Divison Bench comprising Justice Ramachandra Rao and Justice H.S. Madaan held that a District Magistrate, after passing an order under Section 14 of the SARFAESI Act, 2002 has no jurisdiction to review or recall it. Discussing the
Belated Deposit of PF And ESI Contribution Of Employees Cannot Be Added To Employer’s Taxable Income: ITAT Delhi
[16 March 2022] The Single Bench of Delhi ITAT, consisting of judicial member Kul Bharat, has ruled that belated payment of employees' contribution to the Provident Fund and State Insurance Scheme cannot be added to the employer's taxable income as
GST Input Tax Credit Not Allowed to BMW On Demo Car Or Vehicle: AAAR
[15 March 2022] The Haryana Appellate Authority of Advance Ruling (AAAR) bench consisting of Amit Kumar Aggarwal and Anil Kumar Jain ruled that the Input Tax Credit (ITC) is not allowable on demo cars/vehicles. BMW/Appellant has been registered in GST at
Income Tax Deduction Not Allowed On Deposit In No-Lien/Escrow Account: Orissa HC
[14 March 2022] The Orissa High Court bench consisting of Chief Justice S Muralidhar and Justice R.K. Pattanaik held that the income tax deduction is not allowable on deposit in a no-lien or escrow account. The court relied on the decision
RBI removes lending rate cap on NBFC-MFIs, changes microfinance definition
The Reserve Bank of India has removed the interest rate ceiling on loans offered by non-bank microfinance institutions (NBFC-MFIs) while making a few other changes to put all microfinance lenders including banks, small finance banks, NBFC and not-for-profit companies on
Bank privatisation to be started soon
The finance ministry is expected to soon seek cabinet approval for amendments to the Banking Regulation Act, 1949, and possibly other legislation as it kickstarts the process to privatise two state-run lenders. The proposed changes could include the removal of
Mere Digitally Signing On Notice Contemplated Under S. 148 Income Tax Act Won’t Amount To Issuance Of Notice: Allahabad HC
[18 March 2022] The Allahabad High Court has held that merely digitally signing the notice as contemplated under Section 148 of the Income Tax Act is not the issuance of notice and that the notice needs to be sent/dispatched to
No Conflict Between Section 17B of The PF Act and IBC: NCLAT
[18 March 2022] The NCLAT, Principal Bench consisting of Justice Ashok Bhushan, Chairperson and Dr. Ashok Kumar Mishra, Technical Member in the case of Sikander Singh Jamuwal v. Vinay Talwar held that there is no conflict between the provisions of
Foreign Tax Credit Cannot Be Denied For Delay In Filing Form 67: Bangalore ITAT
[29 March 2022] The Bangalore Bench of ITAT has ruled that Foreign Tax Credit cannot be denied to the assessee for delay in filing Form 67. The Bench ruled that Rule 128 of the Income Tax Rules which requires the
Director Can’t Be Prosecuted U/S 138 Of Negotiable Instruments Act If Company Is Not Arraigned As Accused: Chhattisgarh HC
[29 March 2022] The Chhattisgarh High Court held that a director could not be prosecuted under Section 138 of the Negotiable Instruments Act without the company being arraigned as an accused. Justice Gautam Bhaduri allowed the petition to quash the impugned
Performance Guarantee Commission Is Not Business Income Under DTAA: Delhi ITAT
[28 March 2022] The Delhi Bench of ITAT has ruled that performance guarantee commission received by an assessee from its foreign Associated Enterprise is not its business income under the Double Taxation Avoidance Agreement (DTAA). The ITAT therefore allowed foreign tax
18% GST Payable On Supply Of Functional Cattle Feed Plant, Inclusive Of Erection, Installation, Commissioning: AAR
[29 March 2022] The Gujarat Authority of Advance Ruling (AAR) has ruled that the 18% GST is applicable on supply of a functional Cattle Feed Plant, inclusive of its Erection, Installation and Commissioning and related works. The two-member bench observed that
Right Of Accused To Cross-Examine Prosecutrix Can’t Always Be Denied Only Because Of Section 33(5), POCSO Act: Uttarakhand High Court
[24 March 2022] The Court noted that neither the order-sheet, nor the deposition (comments on the deposition), shows that the appellant's lawyer was not ready to cross-examine the child witness on 09.08.2019 when her examination-in-chief was conducted. So, the Court
Kashmiri Migrants Retiring From Govt Service Not Entitled To Retain Govt Accommodation: Delhi High Court
[23 March 2022] The Delhi High Court today upheld an order passed by the Single Judge, denying relief to a Kashmiri migrant who had retired from government service and sought permission to retain the government accommodation allotted to him for
Kashmiri Migrants Retiring From Govt Service Not Entitled To Retain Govt Accommodation: Delhi High Court
[22 March 2022] The Delhi High Court today upheld an order passed by the Single Judge, denying relief to a Kashmiri migrant who had retired from government service and sought permission to retain the government accommodation allotted to him for
NHRC takes serious view of disappearing water bodies in the national capital
[21 March 2022] The National Human Rights Commission, India has taken suo motu cognizance of a media report on disappearing water bodies in Delhi due to alleged unplanned growth and negligence by the authorities. Notices have been issued to the Chief
SEBI issues circular for standardisation of industry classification
The Securities and Exchange Board of India (SEBI) has issued a circular for the standardisation of industry classification for the revision in chapter XIV of operational circular for issue and listing of non-convertible securities, securitised debt instruments, security receipts, municipal
Introduction of Artificial Intelligence for Assessment Proceedings: CBDT Notifies Faceless Inquiry Or Valuation Scheme, 2022
[01 April 2022] The Central Board of Direct Taxes (CBDT) has notified the Faceless Inquiry or Valuation Scheme, 2022 in order to introduce the Artificial Intelligence for Assessment Proceedings under section 142 of the Income Tax Act, 1961. The Faceless Inquiry
Payment Of Equated Yearly Instalments And Interest On Delayed Payment Is Exigible To GST: Telangana AAR
[01 April 2022] The Telangana Bench of Authority for Advance Ruling has ruled that payment of Equated Yearly Instalments made under Annuities Model, including interest on delayed payments made to a contractor, is exigible to GST. The Applicant M/s. Hyderabad Metropolitan
IBBI First Appellate Authority Allows RTI Application By A Company Seeking Information Regarding Complaint Against IRP
[30 March 2022] The Executive Director and First Appellate Authority, Santosh Kumar Shukla, IBBI allowed the RTI application filed by Utility Premises Private Limited seeking information regarding the complaint filed by it against the IRP. The Central Public Information Officer (CPIO)
Writ Petition Is Not A Proper Remedy If There Are Seriously Disputed Questions Of Facts: Andhra Pradesh High Court
[25 March 2022] In a recent case, a writ petition was filed questioning the inaction of the respondents in not paying the compensation for the acquisition of land. The respondent submitted that the issues urged by the petitioners were matters
Scope Of Section 9 Of The A&C Act Cannot Be Extended To Enforcement Of The Arbitral Award: Calcutta High Court
[15 April 2022] The Calcutta High Court has ruled that the scope of Section 9 of the Arbitration and Conciliation Act, 1996 (A&C Act) cannot be extended to enforcement of the arbitral award or granting the fruits of the award
Dues Of Secured Creditor Have Preference Over Crown Debts Unless Otherwise Provided By Statute: Gujarat High Court
[13 April 2022] The Bench comprising Justice JB Pardiwala and Justice Nisha Thakore was hearing a writ petition filed by a secured creditor, aggrieved by a letter issued by the Sub-registrar, imposing charges and encumbrances over the secured assets. The Gujarat
Police Must Assess Victim’s Age In Kidnapping Cases So That No One Is Harassed If Major Girl Has Taken Decision Freely: Allahabad HC
[12 April 2022] The Allahabad High Court has observed that while investigating Kidnapping cases, the police authorities must first assess the age of the victim girl so that in case it is found that she is major and has taken
Insisting On Transgender Person To Produce ‘Gender Re-Assignment Certificate’ For Passport Prima Facie Violates Article 21: Delhi High Court
[11 April 2022] The Delhi High Court observed that the Passport Rues, insofar as they require a Transgender person to produce certificate of Gender Re-assignment Surgery, is prima facie in teeth of the Supreme Court's judgment in NALSA v. Union
No GST & TDS Applicable On Renting Of Immovable Property To Social Justice Department: AAAR
The Maharashtra Appellate Authority of Advance Ruling, consisting of members Asok Kumar Mehta and Rajiv Kumar Mital, has ruled that the renting of immovable property to the social justice department is exempt from GST and TDS. It was held that pure
Provisions Of The MSMED Act Overrides The Arbitration Agreement Between The Parties: Madras High Court
[14 April 2022] The High Court of Madras has observed that S. 18 of the MSMED Act will override the arbitration clause between the parties. The Court observed that since S. 24 of the MSMED Act is a non-obstante clause,
Territorial Jurisdiction Of NCLT Cannot Be Taken Away By Agreement Between The Parties: NCLAT
[27 April 2022] The National Company Law Appellate Tribunal (NCLAT) Principal bench comprising of Justice Ashok Bhushan and Ms. Shreesha Merla in the case of Anil Kumar Malhotra v. M/s Mahindra & Mahindra Financial Services Ltd. held that the territorial
Insufficiency Of The Stamp Duty On The Arbitration Agreement Is A Jurisdictional Issue Under Section 16 Of The A&C Act: Delhi High Court
[26 April 2022] The High Court of Delhi has held that the sufficiency of the stamp duty on the arbitration agreement is a jurisdictional issue under Section 16 of the A&C Act. The Single Bench of Justice Sanjeev Narula has
[I-Site v. Eye Site] “Phonetic Identity” An Important Index To Test Deception: Delhi High Court Grants Relief To Sun Pharma
[26 April 2022] The Delhi High Court has observed that the phonetic identity or similarity is an important index of similarity or deceptive similarity of one mark against the other competing mark and that the tests of phonetic, visual and
‘The British School’: Delhi High Court Directs Sanjay Gandhi Educational Society To Change Name Of 4 Schools Infringing Trademark
[26 April 2022] While dealing with a trademark infringement suit filed by the British School Society over the mark 'The British School', the Delhi High Court has directed changing of names of four schools run by Sanjay Gandhi Educational Society,
Filing Written Statement In Prescribed Time Without Affidavit Of Admission/ Denial Of Documents Not ‘Non-Est’ Filing: Delhi High Court
[25 April 2022] The Delhi High Court has observed that the filing of a written statement within the prescribed time but without an accompanying affidavit of admission or denial of documents, does not amount to non-est filing since it cannot
Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court
[25 April 2022] The Punjab and Haryana High Court has held that powers of the Court conferred under Order 7 Rule 11 of CPC are mandatory in nature and can be exercised at any stage of the suit, but before
Banks seek formal NPCI note on crypto UPI curbs
Questioning the `shadow ban’ on cryptocurrencies, leading banks have asked the umbrella institution National Payments Corporation of India (NPCI) to spell out in a formal directive the curbs on the use of the popular money transfer tool ‘Unified Payment Interface’
RBI modifies norms for banks on short term crop loan scheme
RBI modified norms for banks to claim the amount of interest subvention provided to farmers under the short-term crop loan scheme through Kisan Credit Card (KCC) during the last fiscal. Pending claims for the 2021-22 financial year can be submitted
Insolvency And Bankruptcy Code Is Not For Money Recovery Proceedings: Supreme Court Reiterates
[28 April 2022] The Supreme Court bench comprising of Justice Dinesh Maheshwari and Justice Aniruddha Bose in the case of Invest Asset Securitisation and Reconstruction Pvt. Ltd. versus Girnar Fibres Ltd. reiterates that the provisions of insolvency and bankruptcy code
NCLAT Delhi Upheld That Corporate Debtor Cannot Be Sent Into Liquidation Just Because Liquidation Value Is More Than The Value Of The Resolution Plan
[27 April 2022] The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of comprising of Justice Ashok Bhushan (Chairperson), Dr. Alok Srivastava (Technical Member) and Ms. Shreesha Merla (Technical Member), while adjudicating an appeal filed in CFM Asset Reconstruction
S.125 CrPC | Husband Having Sufficient Means Obligated To Maintain Wife & Children, Can’t Shirk Away Familial Responsibility: Delhi High Court
[27 April 2022] The Delhi High Court has observed that Section 125 of Code of Criminal Procedure entails that if the husband has sufficient means, he is obligated to maintain his wife and children, and not shirk away from his
Look Back Period Under Section 46 Not Applicable To Section 66 Under Insolvency And Bankruptcy Code, 2016: NCLAT
[27 April 2022] National Company Law Appellate Tribunal (NCLAT) principal bench comprising of Justice Ashok Bhushan, Dr. Alok Srivastava, Ms. Shreesha Merla in the case of Aditya Kumar Tibrewal v. Om Prakash Pandey held that the look back period prescribed
Threshold Of Rs.1 Crore Is Required For Initiation of CIRP, Even If The Cause Of Action Arises Out Of Failure Of The Consent Terms Of The Earlier Section 7 Application: NCLAT
[11 May 2022] National Company Law Appellate Tribunal (NCLAT) bench comprising of Justice Ashok Bhushan and Ms. Shreesha Merla in the case of Prafulla Purushottamrao Gadge v. Narayan Mangal held that an application filed after 24.03.2020 under Section 7 of
Every Lawyer Appearing For Client Has A Right Of Fair Hearing Irrespective Of Who The Complainant Is: Delhi High Court
[10 May 2022] "Every lawyer, who appears for his client, has a right of fair hearing, irrespective of who the complainant is," the Delhi High Court has recently observed recently. Justice Talwant Singh was dealing with a plea filed by
Company Has To Be Proceeded Against By Giving An Opportunity To Be Heard Where It Has Also Been Accused, No Liability Only Qua Private Persons: Delhi HC
[10 May 2022] The Delhi High Court has observed that in a case where the Company has also been accused, the liability cannot be said to have been arisen only qua the private person and that the Company has to
Trademark Infringement Suit: Delhi High Court Awards 2 Lakhs Damages & Over 9 Lakhs Cost In Favour Of Starbucks
[10 May 2022] The Delhi High Court has awarded Rs. 2 lakhs damages and an amount of Rs. 9,60,100 in favour of Starbucks Corporation in a trademark infringement suit filed by it over the usage of its registered trademark 'FRAPPUCCINO'.
District Magistrate Not Vested With Adjudicatory Powers U/S 14 SARFAESI Act, Can Only Render Ministerial Assistance To Creditors: Gujarat High Court
[09 May 2022] Explaining that under Section 26E of the SARFAESI Act, the secured creditor has the first claim over the sale proceeds of secured assets and that the District Magistrate has to provide assistance under Section 14 to the
Labour Court Has No Jurisdiction To Adjudicate Workman’s Claim U/S 33C(2) ID Act In An Undetermined Claim: Karnataka High Court
[09 May 2022] The Karnataka High Court has said that a workman who claims compensation due to injuries suffered during the course of employment, his claims under the Employees Compensation Act 1923, would lie before the Employees Compensation Commissioner and
Directors & Other Persons Responsible For Conduct Of Business Can’t Be Held Liable If No Offence Is Attributed To Company: Delhi High Court
[09 May 2022] The Delhi High Court has observed that if no offence is attributed to the company, it is but the natural corollary, that its Directors and other persons responsible for the conduct of its business cannot be saddled
Order Passed By Court Under Section 36 Of A&C Act Is An Interim Order, Can Be Modified On Grounds Of Financial Hardship: Calcutta High Court
[09 May 2022] The Calcutta High Court has ruled that financial hardship and financial indebtedness are sufficient grounds for modifying an order passed under Section 36 of the Arbitration and Conciliation Act, 1996 (A&C Act) to direct the award debtor
Arrears Of Salary Due Beyond Three Years, Barred By Limitation, Cannot Be The Basis For Initiating CIRP: NCLAT Delhi
[13 May 2022] The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, New Delhi, comprising of Justice Ashok Bhushan (Chairperson) and Ms. Shreesha Merla (Technical Member) while adjudicating an appeal filed in Omega Laser Products B.V. v Anil Agrawal, has
Invoking S.138 Of NI Act Does Not Bar Registration Of Crime Under Sections 406, 420 IPC: Karnataka High Court
[13 May 2022] The Karnataka High Court has held that proceedings under Section 420 of the Indian Penal Code are maintainable even if a complaint has been invoked Section 138 of the Negotiable Instruments Act. A single judge bench of
Right To First Refusal Cannot Be Exercised After Making A Counter-Offer To The Seller: Delhi High Court
[13 May 2022] The High Court of Delhi has held that a party cannot demand its 'Right to First Refusal' after making a counter-offer to the seller. The Single Bench of Justice Anup Jairam Bhambhani has held that when the
Order Terminating Arbitral Proceedings Without Issuing Show Cause Notice Is Unsustainable And Perverse: Delhi HC
[12 May 2022] The Delhi High Court has ruled that abrupt issuance of orders by the Arbitral Tribunal terminating the arbitral proceedings under Section 25 (a) of the Arbitration and Conciliation Act, 1996 (A&C Act), without holding any hearing and
Section 65-B Of Indian Evidence Act Does Not Apply To Arbitral Proceedings: Delhi High Court
[12 May 2022] The High Court of Delhi has held that Section 65-B of the Indian Evidence Act, 1872 does not apply to arbitral proceedings. The Single Bench of Justice Vibhu Bakhru held that although the principles of the Evidence
Delhi High Court Allows Constitution Of Confidentiality Club Comprising The Counsels-On-Record For Both Parties And One Authorised Representative Of The Respondent
[12 May 2022] The Delhi High Court recently in a matter allowed the constitution of a confidentiality club and directed whatever information is revealed in it, will be used by the respondent only for the purpose of progressing this case.
Appeal To NCLAT Shall Be Filed Within A Period Of 30 Days, Reiterates Supreme Court
[12 May 2022] The Supreme Court bench comprising of Justice L N Rao and Justice P S Narasimha in the case of Safire Technologies Pvt Ltd versus Regional Provident Fund Commissioner reiterates that an appeal against the order of NCLT
Supplementary Agreement Rescinding Arbitration Clause; Whether Agreement Contrary To Law, To Be Decided By Arbitrator: Delhi High Court
[12 May 2022] The Delhi High Court has held that whether a supplementary agreement between the parties, rescinding the arbitration clause contained in the principal contract, is contrary to law or not in view of taking away the right of
Daughter In Law Can Claim Maintenance From Her Father In Law If She Inherited Some Estate From Her Husband: Delhi High Court
[11 May 2022] The Delhi High Court has observed that the daughter-in-law can claim maintenance from her father-in-law provided she has inherited some estate of her husband. A division bench comprising of Justice Mukta Gupta and Justice Neena Bansal Krishna
Kissing & Fondling Not Unnatural Offence U/S 377 IPC: Bombay High Court Grants Bail To POCSO Accused
[16 May 2022] Observing that kissing and touching private parts are prima facie not unnatural offences under Section 377 of the Indian Penal Code, the Bombay High Court granted bail to a man accused of a minor boy's sexual assault.
Persons Not Responsible To Company For Conduct Of Its Business Can’t Be Prosecuted For Violation Of Contract Labour Abolition Act: Jharkhand HC
[16 May 2022] The Jharkhand High Court noted that a perusal of Section 25 of the Contract Labour (Regulation & Abolition) Act, 1970 indicates that every person in charge of and responsible to the company for the conduct of its
Order 10 CPC | Oral Examination Of Any Party To Suit Regarding Controversy Involved Therein Is A Matter Of Discretion: Delhi High Court
[16 May 2022] The Delhi High Court has observed that under Order 10 of the Code of Civil Procedure, the question of whether any of the parties to the suit is required to be orally examined on any aspect relevant
Bajaj Almond Hair Oil: Delhi High Court Directs Pioneer Herbals To Consider Changing Their Deceptively Similar Trade Dress
[16 May 2022] The Delhi High Court recently, while adjudicating on a trademark infringement suit instituted by hair oil manufacturer Bajaj, has asked the defendant company 'Pioneer Herbals' to consider a change of their trade dress to avoid infringement of
Applicability Of S.148 NI Act Will Extend To Appeals Arising Out Of Complaint Cases Filed Prior To 2018 Amendment: Delhi High Court
[19 May 2022] The Delhi High Court has observed that the applicability of Section 148 of the Negotiable Instruments Act, 1881 will be extended to appeals arising out of complaint cases that have been filed prior to the amendment of
Trial Court Has Power To Modify Orders Of Custody & Disposal Of Property Pending Trial U/S 451 CrPC As Per Changed Circumstances: Delhi High Court
[19 May 2022] The Delhi High Court has observed that the Trial Court would not be powerless to modify orders of custody and disposal of property pending trial as provided under sec. 451 of the Code of Criminal Procedure, as
Joint Auction Under IBC And SARFAESI Is Permissible: NCLAT
[18 May 2022] National Company Law Appellate Tribunal (NCLAT) Principal Bench comprising of Justice Ashok Bhushan and Ms. Shreesha Merla in the case of Ayan Mallick v. Pratime Bayal upheld the Order of NCLT, Kolkata wherein NCLT held that a
Delhi High Court Grants Ex-Parte Ad Interim Injunction In Favour Of Burger King In Trademark Infringement Suit
[18 May 2022] The Delhi High Court has recently granted ex-parte ad interim injunction in favour of 'BURGER KING' in the trademark infringement suit filed by it against the defendants alleging that they were misusing, its registered trademarks and also
Mere Expiry Of Employee’s Deputation Period Does Not Divest Disciplinary Authority From Initiating Enquiry For Misconduct: Delhi High Court
[18 May 2022] The Delhi High Court has observed that merely because the period of deputation of an employee may have come to an end, it would not divest the Disciplinary Authority of the company, Power Finance Corporation Limited (PFCL)
‘Atlantis Resorts Enjoy Enormous Global Reputation’: Delhi High Court Grants Interim Injunction Against Use Of Infringing Marks
[18 May 2022] The Delhi High Court granted injunction in favour of Kerzner International, a company which owns the chain of Atlantis resorts in Dubai, Bahamas and China, against one Vokas Aggarwal using the mark 'Atlantis Park Ballroom' in respect
Rejected Claims By Resolution Professional In Insolvency Proceedings, To Be Decided By The Arbitrator: Delhi High Court
[18 May 2022] The High Court of Delhi held that the claims rejected by Resolution Professional in the insolvency proceedings on the ground that they arose after the Insolvency Commencement Date (ICD), are to be decided by the arbitrator. The
Delhi High Court Appoints Expert To Assist On Fair Use Of Sound Recordings In Marriage Ceremonies U/S 52(1)(za) Of Copyright Act
[17 May 2022] The Delhi High Court has appointed Dr. Arul George Scaria as an expert to assist it in the interpretation of sec. 52(1)(za) of the Copyright Act, 1957 to the extent of fair use and fair dealing of
S.82 CrPC | 30 Days Period Between Actual Date Of Effecting Proclamation & Date Nominated For Appearance Is Mandatory: Punjab & Haryana High Court
[20 May 2022] The Punjab and Haryana High Court held that a clear period of 30 days starting from the date when a proclamation under Section 82 of the CrPC. is actually affected up to the date nominated for causing
Can’t Ask Daughter-In-Law To Pay Mother-In-Law Maintenance Under Senior Citizens Act : Bombay High Court
[19 May 2022] The Bombay High Court has observed that a daughter-in-law cannot be directed to pay maintenance to her ailing mother-in-law, especially in the absence of any proof of the woman's income. "We have reservations about such direction to
Review | Order 47 Rule 1 CPC Can’t Curtail High Court’s Power To Pass Orders Ex Debito Justitiae: Calcutta HC
[25 May 2022] The Calcutta High Court while enumerating upon the vires of power in plenary jurisdiction observed that although Order 47, Rule 1 of the CPC imposes a restriction upon parties to approach the Court for review of an
Executive Can’t Exempt Use Of Copyrighted Sound Recordings In Marriage Functions, “Fair Use” To Be Decided In Facts Of Each Case: Punjab & Haryana HC
[25 May 2022] While quashing a public notice/letter exempting use of copyrighted sound recordings in marriage functions from liability, the Punjab and Haryana High Court recently held that the executive has no authority under the Copyright Act to clarify or
Arbitrator Cannot Rewrite Terms Of The Agreement Merely Because It Flouts Business Common Sense: Delhi High Court
[24 May 2022] The High Court of Delhi held that the arbitrator cannot re-write the terms of the agreement between the parties merely because they flout business common sense. The Single Bench of Justice Vibhu Bakhru has held that an
While Contesting Application Under Order VII Rule 11 CPC Only Contents Of Plaint Are To Be Seen: Punjab & Haryana High Court
[24 May 2022] Punjab and Haryana High Court while dealing with a revision petition under Article 227 of the Constitution of India against the order vide which the application preferred by the defendant no.1 (petitioner) under Order VII Rule 11
Arbitral Award Passed In Disregard To Judicial Decisions Conflicts With The Public Policy : Delhi High Court
[24 MAay 2022] The Delhi High Court has held that an arbitral award that is not in consonance with the judicial decisions and principles laid down by the courts of India would be in violation of the fundamental policy of
Inadvertent Mistake By Court While Adjourning Matter Can’t Take Away Valuable Right Of Party To Lead Evidence: Punjab & Haryana High Court
[23 May 2022] Punjab and Haryana High Court while dealing with a revision petition filed under Article 227 of the Constitution of India challenging the order of the Trial Court which instead of adjourning the case for plaintiff's evidence, fixed
Minimum 7 Days Time Has To Be Granted To The Taxpayer To File Reply To The Show Cause Notice: Delhi High Court
[23 May 2022] The Delhi High Court Bench of Justice Manmohan and Justice Dinesh Kumar Sharma has held that under Section 148A(b) of the Income Tax Act, a minimum time of seven days has to be granted to the assessee
Waiver Under Section 12(5) Of A&C Act Has To Be By An Express Agreement In Writing: Delhi High Court
[25 May 2022] The Delhi High Court has ruled that any right under Section 12(5) of the Arbitration and Conciliation Act, 1996 (A&C Act), that deals with the ineligibility of certain persons to be appointed as an arbitrator, can be
Person Invoking Article 226 Jurisdiction Must Come With Clean Hands, Must Disclose Complete & Correct Facts: Delhi High Court
[25 May 2022] The Delhi High Court has observed that a person approaching the High Court under Article 226 of the Constitution must come with a pair of clean hands, adding that there must be disclosure of full, complete and
Senior Citizen May Claim Right of Exclusive Residence Even If ‘Right’ Or ‘Interest’ Is Lower Than an Exclusive Ownership Right: Delhi High Court
[19 July 2022] The Delhi High Court has observed that under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, a senior citizen may claim a right of exclusive residence even though he or she may only be
Appellate Courts Can Allow Additional Evidence U/S 391 CrPC Only In “Exceptional Circumstances”: Jharkhand High Court
[19 July 2022] The Jharkhand High Court has held that Appellate Courts can allow additional evidence under Section 391 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') only in "exceptional circumstances" and the same cannot be used merely to fill
Accused Can Be Booked U/S 326A IPC Even If No ‘Grievous Hurt’ Is Caused to Acid Attack Survivor: Allahabad High Court
[19 July 2022] The Allahabad High Court has clarified that the charge under Section 326A IPC can be framed against the accused even if no grievous hurt has been caused to the acid attack survivor and that grievous hurt to
Statements Made U/Sec 161 CrPC Relevant in Considering Prima Facie Case Against Accused in His Bail Application: Supreme Court
[18 July 2022] The Supreme Court observed that statements made under Section 161 of Code of Criminal Procedure are relevant in considering the prima facie case against an accused in an application for grant of bail in case of grave
Once The Right to Refer the Dispute to Arbitration Is Waived by A Party, It Cannot Be Reclaimed: Karnataka High Court
[18 July 2022] The Karnataka High Court has ruled that if a party has disputed the arbitrability of a dispute raised by the opposite party, in its reply to the notice invoking the arbitration clause, it is deemed to have
S.84 IPC | Accused Must Prove “Legal Insanity”, Not Medical Insanity: Madhya Pradesh High Court
[21 July 2022] The Madhya Pradesh High Court, Gwalior Bench, recently elucidated the difference between the term 'Legal Insanity' and 'Medical Insanity' in the context of Section 84 of IPC.The Court opined that in order to bring a case within
Show Cause Notice Cancelling GST Registration Must Disclose Reason: Allahabad High Court
[20 July 2022] The Allahabad High Court has held that the show cause notice cancelling registration must indicate the reason and the mere mentioning of violation under the CGST Act is not sufficient.The single bench of Justice Saumitra Dayal Singh
S.125 CrPC | Parties Often Don’t Disclose Their Actual Income, Maintenance May Be Granted Considering Their Status & Lifestyle: Delhi High Court
[20 July 2022] The Delhi High Court has observed that in matrimonial disputes, it is seen that parties often don't disclose their actual income to the court, purportedly to avoid the liability of maintenance. Thus, it is open for the
CPC Contemplates Execution of a Foreign Decree and Not an Order: Delhi High Court
[20 July 2022] The High Court of Delhi has held that remedy before the foreign arbitral tribunal would not be inefficacious when the bulk of the assets of a party are located in India as the interim order in a
Court While Deciding ‘Section 11’ Application Seeking Appointment of Arbitrator Can Consider Whether Dispute Falls Within ‘Excepted Clause’: Supreme Court
[20 July 2022] The Supreme Court held that, at the stage of deciding application for appointment of arbitrator, a Court can consider whether the dispute falls within the excepted clause.The court observed that the question of jurisdiction and non-arbitrability can
NCLT Not a Debt Collection Forum; Operational Creditor’s Application to Initiate CIRP Must Be Dismissed If the Debt Is Disputed: Supreme Court
[20 July 2022] The Supreme Court observed that application of the Operational Creditor for initiation of Corporate Insolvency Resolution Process (CIRP) must be dismissed, if the debt is disputed.It is not the object of the IBC that CIRP should be
Army Personnel Not Entitled to Disability Pension If Injury Is Not Attributable to Military Service: Supreme Court
[19 July 2022] The Supreme Court observed that military personnel are not eligible for disability pension if there is not even a causal connection between the Military service and injuries.Unless the disability is attributable to or aggravated by military service
Single Member Benches of NGT Cannot Be Constituted in View of Proviso to Section 4(4)(c) NGT Act: Supreme Court
[19 July 2022] The Supreme Court observed that single member benches of National Green Tribunal (NGT) cannot be constituted.The proviso to Section 4(4)(c) NGT Act mandates that there shall be at least one expert member on the Bench, the bench
Likelihood Of Divergence of Views Cannot Be a Ground for Transfer Under Article 139A Of Constitution
[11 July 2022] The bench comprising Justices Dinesh Maheshwari dismissed the Transfer petitions under Article 139A (1) read with Order XL of the Supreme Court Rules, 2013, filed by Union of India and other parties who prayed for transfer of
Accused Entitled to Bail If Arrest Was in Breach of Sections 41, 41A CrPC: Supreme Court
[11 July 2022] The Supreme Court observed that any non-compliance of Section 41 and 41A of Criminal Procedure Code at the time of arrest would entitle the accused for grant of bail. The bench comprising Justices Sanjay Kishan Kaul and
Section 11(6A) Arbitration Act Does Not Prevent Courts from Considering Issue of Arbitrability: Supreme Court
[22 July 2022] Despite the insertion of Section 11(6A) in the Arbitration and Conciliation Act 1996, the Courts are not denuded of the power to examine the issue of non-arbitrability and jurisdiction at the stage of considering application of appointment
Trust Property Cannot Be Alienated Unless It Is for Benefit of Trust And/or Its Beneficiaries: Supreme Court
[22 July 2022] The Supreme Court observed that a trust property cannot be alienated unless it is for the benefit of the Trust and/or its beneficiaries.When a Trust property is transferred without prior sanction of the Registrar under Section 14
S.2(31) Companies Act 2013 Which Defines ‘Deposit’ Does Not Operate Retrospectively: Delhi High Court
[22 July 2022] The Delhi High Court has held that there cannot be retrospective application of Section 2(31) of the Companies Act, 2013 and the Companies (Acceptance of Deposits) Rules, 2014.A single judge bench of Justice Chandra Dhari Singh held
Soldier Can’t Claim Disability Pension Based on Medical Examination Conducted Years After His Discharge: Supreme Court
[21 July 2022] The Supreme Court, on Tuesday, noted in order to be eligible for disability pension under Rule 14 of the Entitlement Rules for Casualty Pensionary Awards, 1982, it is not sufficient to demonstrate that the ailment or disability
Denying Unmarried Woman Right to Safe Abortion Violates Her Personal Autonomy & Freedom: Supreme Court
[21 July 2022] "Denying an unmarried woman, the right to a safe abortion violates her personal autonomy and freedom", observed the Supreme Court on Thursday while allowing an unmarried woman to seek abortion of her pregnancy of a term of
S.482 CrPC Empowers High Court To Entertain Applications Not Contemplated In CrPC If Required To Meet Ends Of Justice: Punjab & Haryana HC
[27 May 2022] The Punjab and Haryana High Court recently observed that Section 482 of CrPC confers extraordinary powers on High Court and empowers it to entertain applications not contemplated in the Code of Criminal Procedure, in case the ends
PUMA Trademark Infringement Suit: Delhi High Court Directs Google To Remove ‘PUMA GUARD’ App From Play Store
[26 May 2022] The Delhi High Court has directed Google LLC to remove the application 'PUMA GUARD' from its Google Play Store while dealing with a trademark infringement suit filed by 'PUMA'. Justice Pratibha M Singh was dealing with a
Real Estate Appellate Authority Can’t Initiate Suo Moto Proceedings: Delhi High Court
[26 May 2022] The Delhi High Court has held that the Real Estate Appellate Authority cannot possibly be recognized as conferred with the power to initiate proceedings suo moto or on its own motion. Analyzing the relevant provisions of the
Titles Of Films Are Capable Of Being Recognised Under Trademark Law: Delhi High Court
[26 May 2022] The Delhi High Court has recently rejected a contention that titles of films cannot be registered under Trademark Law and has held that the word 'SHOLAY' being the title of an iconic film cannot be held to
Commission Earned On Distribution Of Indian Mutual Fund Outside India, Not Taxable: ITAT Mumbai
[10 June 2022] The Mumbai Bench of ITAT has ruled that the commission earned on distribution of Mutual Funds schemes of an Indian fund outside India cannot be taxed in India, if all the operations are carried out by the
Accused Can’t Invoke High Court’s Jurisdiction Under Art. 226 Or U/S 482 CrPC Through His Power Of Attorney: Karnataka High Court
[10 June 2022] The Karnataka High Court has held that a power of attorney holder of an accused cannot maintain a petition be it under Article 226 or 227 of the Constitution of India read with Section 482 of the
CPC | Commission For Local Investigation Can’t Be Set Up To Ascertain Issues Irrelevant To Dispute: Kerala High Court
[09 June 2022] The Kerala High Court ruled that a commission for local inspection can only be set up by a court to ascertain matters which are necessary to elucidate the issues involved in the dispute and not on a
Court Can Allow Prosecution To Produce Certificate U/S 65-B (4) Evidence Act At A Later Stage During Trial: Allahabad High Court
[09 June 2022] The Allahabad High Court has observed that the trial court has the power to allow the prosecution to produce the certificates under Section 65-B (4) of the Indian Evidence Act at a later point of time during
Social Media Intermediaries Have A Duty To Block Channel If Videos Violate Terms & Policies, Shall Not Insist On FIRs, Court Orders: Madras HC
[09 June 2022] The Madras High Court observed that social media intermediaries operating in India are governed by the Acts and Rules of the land. They have a duty to ascertain that videos are in accordance with the policies and
Loss From Trading In Commodity Derivatives Non-Speculative In Nature, Can Be Set Off Against Regular Business Income: ITAT Lucknow
[08 June 2022] The Lucknow Bench of ITAT has ruled that trading in commodity derivatives, that satisfies the requirements of Clause (e) of the first proviso to Section 43 (5) of the ITAT, 1961, is non-speculative in nature, and thus
Delhi High Court Expresses Concern Over Enforcement Of Judicial Orders Passed Against Domain Name Registering Companies Not Having Office In India
[08 June 2022] The Delhi High Court has said that it has become increasingly challenging to enforce orders passed by Indian Courts against domain name registering entities located across the globe, a large number of which do not have any
Court May Note Objections On Oral Evidence During Trial, Admissibility To Be Decided While Pronouncing Verdict & Not At Time Of Examination: Delhi HC
[08 June 2022] The Delhi High Court has observed that the question whether the evidence is to be included or excluded from consideration while pronouncing the final verdict is to be taken at the end and not at the time
DRT Not Empowered In Law To Restrain A Debtor’s Fundamental Right To Travel Abroad: Bombay High Court
[08 June 2022] The Debt Recovery Tribunal (DRT) cannot restrain a citizen from travelling abroad since there is no specific or implied provision empowering it under the Recovery of Debts Due To Banks and Financial Institutions Act 1993, the Nagpur
Order Passed By The Arbitrator Allowing Meetings As Per Convenience Of Parties, Would Not Change The Seat Of Arbitration: Delhi High Court
[07 June 2022] The Delhi High Court has ruled that an order passed by the Arbitrator holding that the arbitral proceedings shall be conducted at any other place, would not change the seat of Arbitration as provided in the Arbitration
Unregistered Agreement To Sell Being In Contravention Of Registration Act Can’t Be Accepted For Establishing Possession Of Property: P&H High Court
[07 June 2022] The Punjab and Haryana High Court has held that an unregistered agreement to sell, being in contravention of the provisions of the Registration Act, 1908, cannot be accepted by the Court for granting possession in favour of
Export Entitlements And Duty Drawback Of Promotion Scheme Is An Income Assessable Under ‘Profits Or Gains From Business Or Profession’: ITAT
[07 June 2022] The Visakhapatnam Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that the export entitlements and the duty drawback of the promotion scheme are an income assessable under the head "profits or gains from business or
NCLT Has Power To Recall Its Order: NCLAT
[07 June 2022] The National Company Law Appellate Tribunal (NCLAT) bench comprising of Justice Rakesh Kumar Jain and Mr. Alok Srivastva recently held that the National Company Law Tribunal has the power to recall its order of closing the right
IPR Suits Below Rs. 3 Lakhs Threshold To Be Listed First Before District Judge (Commercial) To Determine Whether Valuation Is Deliberately Undervalued: Delhi HC
[06 June 2022] The Delhi High Court has held that in a case where a plaintiff values an IPR suit in the city district courts below the threshold of Rs.3 lakhs, such suits would be listed before the District Judge
Magistrate Can’t Refer Defamation Complaint To Police For Investigation U/S 156(3) CrPC Even If Other Offences Are Also Alleged: Karnataka High Court
[06 June 2022] The Karnataka High Court has said the bar under Section 199 CrPC on a Magistrate from exercising powers under section 156(3) of the Criminal Procedure Code (CrPC) on a complaint involving offences punishable under Section 500 of
Amendment in the Companies Rules, 2014:
Security Clearance Mandated For Foreign Director Appointments The Ministry of Corporate Affairs (MCA) in its effort to further regulate the appointment of foreign directors of companies situated in India, has amended the Companies (Appointment and Qualification of Directors) Rules, 2014 (“Rules”),
Proceedings Under Section 9 Of A&C Act Cannot Be Used For Enforcement Of The Conditions Of A Contract: Gujarat High Court
[17 June 2022] The Gujarat High Court has ruled that issues involving enforcement of the conditions of a Franchise Agreement cannot be the subject matter of an application for interim measures under Section 9 of the Arbitration and Conciliation Act,
IBBI Amends Its Regulations On Information Utilities
[17 June 2022] The Insolvency and Bankruptcy Board of India has introduced second round of amendments to the Insolvency and Bankruptcy Board of India (Information Utilities) Regulations, 2017 ("Information Utility Regulations") vide a notification dated 14.06.2022, bearing No. IBBI/2022-23/GN/REG085, in
Application By Chairman Of Monitoring Committee For CIRP Of Corporate Debtor’s Debtor, Maintainable: NCLT Delhi
[17 June 2022] The National Company Law Tribunal ("NCLT"), New Delhi Bench, comprising of Shri Abni Ranjan Kumar Sinha (Judicial Member) and Shri Hemant Sarangi (Technical Member), while adjudicating an application in Educomp Infrastructure & School Management Ltd. v Millenium
Appeal Filed By A Struck Off Company Against The Revenue Department Is Maintainable: ITAT Delhi
[16 June 2022] The Delhi Bench of ITAT has ruled that an appeal filed by a Company against the order passed by the revenue department does not become infructuous if, thereafter, the Company has been struck off from the Register
Recovery Proceeding Deemed To Be Stayed If Appellant Pays 10% Of Disputed Tax Amount During Pendency Of Appeal: Jharkhand High Court
[15 June 2022] The Jharkhand High Court bench of Justice Aparesh Kumar Singh and Justice Deepak Roshan has held that upon deposit of 10% of the disputed tax amount during the pendency of appeals, recovery of any remaining balance is
Issuance Of Post Dated Cheques Is Not An Unqualified Admission Of Debt, NCLT Allahabad Dismisses Section 7 Application
[15 June 2022] The National Company Law Tribunal ("NCLT"), Allahabad Bench, comprising of Shri Rajasekhar V.K. (Judicial Member) and Shri Virendra Kumar Gupta (Technical Member), while adjudicating an application filed in N.C. Goel & Maya Goel v Piyush Infrastructure India
O7 R11 CPC | Plaint Can Be Rejected Only When Court Comes To “Definite Conclusion” That Suit Is Not Maintainable/ Barred Under Law: P&H High Court
[15 June 2022] The Punjab and Haryana High Court has held that the power to reject plaint under Order 7 Rule 11 CPC should be exercised only when the Court comes to a "definite conclusion" that the suit is either
Procedure Relating To Sanction, Post-Audit And Review Of Refund Claims: CBIC Issues Guidelines
[15 June 2022] According to section 107 of the Central Goods and Services Tax Act, 2017, the commissioner may review any decision or order, including an order of refund, with respect to its legality or propriety. The commissioner may direct
S.147 NI Act | Every Offence Under Negotiable Instruments Act Is Compoundable: Karnataka High Court
[14 June 2022] The Karnataka High Court said that Section 147 of the Negotiable Instruments Act makes every offence punishable under the Act as compoundable and there is no bar on parties to compound the offence. A single judge bench
Supplementary Chargesheet Must Disclose Novel Evidence, No Cognizance Where No New Material Discovered By Further Investigation: Delhi High Court
[14 June 2022] The Delhi High Court has observed that where no new material or evidence has been discovered by the further investigation, any cognizance taken by the Magistrate may be said to be in contravention to Section 173 of
Court Can Pass An Order Of Interim Measures Under Section 9 Of The A&C Act Against A Third Party: Reiterates Bombay High Court
[14 June 2022] The Bombay High Court has reiterated that the Court is free to pass an order under Section 9 of the Arbitration and Conciliation Act, 1996 (A&C Act) to grant interim measures of protection against a third party
Summons U/S 160 CrPC Cannot Be Issued By Police Officer Without Registration Of FIR: Delhi High Court
[13 June 2022] The Delhi High Court has observed that summons or notices under Section 160 of the Code of Criminal Procedure can be issued by a Police Officer in order to set investigation into motion and that registration of
Filing Written Request Must For The Accused To Be Treated As A Witness U/S 315 CrPC: Gujarat High Court
[13 June 2022] The Gujarat High Court has held that an accused person can be competent witness, provided there is a written permission or there is a written request made to the concerned court at the instance of accused under
Factories Act Is Not In Substitution Of Any Other Statute, Does Not Override Indian Penal Code: Punjab & Haryana High Court
[13 June 2022] The Punjab and Haryana High Court, while dealing with a matter wherein usage of non-updated machinery led to the death of two labourers, held that provision of Factories Act, 1948 are not in substitution but are supplemental
Subsidy Received From The Government In The Form Of Refund Of VAT And CST, To Encourage Industrial Growth, Is A Capital Receipt: Pune ITAT
[13 June 2022] The Pune Bench of ITAT has ruled that a subsidy granted by the State of Maharashtra, with the objective of encouraging industrial growth in less developed areas of the State, is a capital receipt even though the
Even In The Absence Of An Arbitration Agreement, The Matter Can Be Referred To Arbitration Under Section 18 Of The MSMED Act: Punjab And Haryana High Court
[13 June 2022] The Punjab and Haryana High Court has ruled that even in the absence of an arbitration agreement between the parties, the matter can be referred to arbitration under Section 18 of the Micro, Small and Medium Enterprises
Amendment in the Companies (Accounts) Rules, 2014
Filing of Form CSR-2 for Financial Year 2020-2021 and 2021-2022The Ministry of Corporate Affairs (MCA) in its efforts to promote the filing of reports on Corporate Social Responsibility in Form CSR-2 by the companies, has issued a notification No. G.S.R.
Amendment in the Companies (Prospectus and Allotment of Securities) Rules, 2014
All Private Placement offer letters to foreign body corporate or national, sharing land borders with India, to be accompanied with government approval under the FEMA RulesThe Ministry of Corporate Affairs (MCA) has recently amended the Companies (Prospectus and Allotment of Securities)
Amendment in the Companies (Compromises, Arrangement and Amalgamations) Rules, 2016
In furtherance to its initiatives to improve vigilance / monitoring of directors of foreign nationals, sharing land borders with India, the Ministry of Corporate Affairs (MCA) has issued a Notification No. G.S.R. 401(E) dated 30th May, 2022, thereby, amending the
Private Complaint For Fraud U/S 447 Of Companies Act Not Maintainable Before Special Court For Economic Offences: Telangana High Court
[24 June 2022] The Telangana High Court ruled that a private complaint for fraud under Section 447 of Companies Act, 2013 is not maintainable before the Special Court. Section 212(6) of the Companies Act ensures that prosecution for fraud can
Award Holder U/S 36 Of Arbitration Act Entitled To Be Secured Of Entire Award Value: Calcutta High Court
[23 June 2022] The Calcutta High Court observed that an award holder has the statutory safeguard under Section 36 of the Arbitration and Conciliation Act, 1996 (Act) to secure the entire arbitral award amount even during the pendency of an
Corporate Debtor Cannot Be Dragged Into CIRP Mala Fide For Any Purpose Other Than Resolution Of Insolvency: NCLT Mumbai
[23 June 2022] The National Company Law Tribunal ("NCLT"), Mumbai Bench, comprising of Justice P. N. Deshmukh (Judicial Member) and Mr. Kapal Kumar Vohra (Technical Member), while adjudicating an application filed in Gateway Offshore Private Limited and Anr. v Runwal
Plea Of ‘Passing-Off’ Can’t Be Negated Solely On Ground That Plaintiff Had Asserted Trademark Rights In Registered Designs: Delhi High Court
[22 June 2022] The Delhi High Court has held that a plea of passing-off cannot be negated solely on the ground that the Plaintiff had asserted trademark rights in the registered designs. A composite suit seeking action in respect of
Architect Can’t Be Prosecuted U/S 304A IPC For Death Of Construction Worker In On-Site Accident: Karnataka High Court
[21 June 2022] The Karnataka High Court quashed criminal proceedings pending against an Architect, observing that it would be too far to stretch Section 304A of the IPC to contend that a person who had designed the house is responsible
Service Tax Cannot Be Levied On Reimbursement Of Expenses Incurred By The Service Provider: Reiterates CESTAT Delhi
[21 June 2022] The Delhi Bench of CESTAT has reiterated that service tax cannot be levied on reimbursement of expenses incurred by the service provider. The Bench, consisting of Justice Dilip Gupta (President) and P.V. Subba Rao (Technical Member), held that
S.33C Industrial Disputes Act Is For Execution Of Award, Labour Court Can’t Enter Adjudicatory Process To Decide Disputed Facts: Gujarat High Court
[20 June 2022] The Gujarat High Court has made it clear that Section 33C of the Industrial Disputes Act, 1947, is for the purpose of execution of the award or dealing with the pre-existing right or benefit arising out of
Plaintiff Not Entitled For Refund Of Court Fees If Parties Are Referred For Arbitration: Delhi High Court
[20 June 2022] The Delhi High Court has observed that a plaintiff cannot be entitled for refund of court fees in the event of an application under sec. 8 of the Arbitration and Conciliation Act being allowed and the parties
Mere Pendency Of A Civil Suit Is Not An Absolute Bar To A Petition Under Section 11 Of The A&C Act: Bombay High Court
[20 June 2022] The High Court of Bombay has held that mere pendency of a Civil Suit is not an absolute bar to a petition under Section 11 of the A&C Act as long as the petitioner can withdraw its
Amendment in the Companies Rules (Appointment and Qualification of Directors) 2014:
The Ministry of Corporate Affairs (MCA) has amended the Companies (Appointment and Qualification of Directors) Rules, 2014 (“Rules”) vide Notification No. G.S.R. 439(E) dated 10th June 2022, thereby amending Rule 6 and inserting a provision, allowing restoration of Independent Directors
Amendment in the Insolvency and Bankruptcy Board of India (Grievance and Complaint Handling Procedure) Regulations, 2017 and the Insolvency and Bankruptcy, 2017
In a recent attempt to improve the handling of grievance and complaint raised before the Insolvency and Bankruptcy Board of India (“IBBI”), a Notification No. IBBI/2022-23/GN/REG086, dated 14th June, 2022 has been published in the IBBI, thereby amending the Insolvency
Section 8 Of A&C Act Can’t Be Invoked Based On A Non-Binding Arbitration Agreement: Karnataka High Court
[08 July 2022] The Karnataka High Court has ruled that since the agreement between the parties provided for a 'non-binding' arbitration, there was absolutely no intention of the parties to enter into an arbitration agreement and that the said agreement
In Case Of Amendment To A Patent Specification, The Invention Before & After Amendment Need Not Be Identical: Delhi High Court
[07 July 2022] The Delhi High Court has held that amendments to a patent specification or claims prior to grant ought to be construed more liberally than narrowly. It added that the only consideration that must be kept in mind
If Essential Features Of The Registered Trademark Are Infringed, The Difference In Layout, Packaging, Etc Is Of No Consequence: Delhi High Court
[05 July 2022] The High Court of Delhi has held that in an action for infringement of a trademark once it is shown that essential features of the trademark are adopted by the defendant, the difference in layout, packaging etc.
Resolution Professional Is Only Authorized To Operate Accounts Of Corporate Debtor : NCLAT Chennai
[05 July 2022] The National Company Law Appellate Tribunal, Chennai Bench, comprising of Justice M. Venugopal (Judicial Member) and Mr. Kanthi Narahari (Technical Member), while adjudicating an appeal filed in Beauty Etiole Pvt. Ltd. v C. Sanjeevi & Ors, has
When Termination Of Arbitral Proceedings For Non-Appearance Of Parties, Remain Unchallenged, Application Filed Again For Appointment Of Arbitrator Not Maintainable: Rajasthan High Court
[04 July 2022] The Rajasthan High Court held that a second arbitration application would be non-maintainable when the order of the arbitrator terminating arbitral proceedings under Section 32(2)(c) was not challenged under Section 14(2) of the A&C Act. The Single Bench
Place Designated As The ‘Venue’ Of Arbitration In Its Entirety, Is The ‘Seat’ Of Arbitration: Bombay High Court
[04 July 2022] The Bombay High Court reiterated that whenever a place is designated as the "venue" of the arbitration proceedings in its entirety in an Arbitration Clause, the said place would necessarily be the "seat" of the arbitral proceedings. The
Amendment in the Income Tax Act, 1961
Central Board of Direct Taxes amends the Notification of Government of India, Ministry of Finance No. 60/2014, published in the Gazette dated 03rd November, 2014The Central Board of Direct Tax (CBDT) in exercise of powers conferred by section 118 of
Amendment in the Arbitration Council of India (Number of officers and other Employees, their qualifications, appointment and other Terms and Conditions) Rules, 2022 (“Rules”)
The Ministry of Law & Justice in exercise of powers conferred by Section 84(1) read with Section 43M (4) and (5) of the Arbitration and Conciliation Act, 1996 has published a Notification G.S.R. 530(E) dated 09th July 2022 , thereby,
Section 27 Evidence Act- Discovery of Weapon at The Instance of Accused by Itself Does Not Prove That He Had Concealed or Used It: Supreme Court
[15 July 2022] The Supreme Court observed that merely because discovery of weapon was at the instance of accused, it does not mean he had concealed or used it. The bench observed thus while considering an appeal filed by a murder
Failure Of Relationship Is No Ground for FIR For Repeated Rape When Woman Had Been Willingly Living with Man for Years: Supreme court
[15 July 2022] Remarking that where a woman has willingly been staying with a man and had a relationship with him, and if the relationship is not working out now, the same cannot be a ground for lodging an FIR
Preliminary Assessment to Try Juvenile as Adult – JJB Should Mandatorily Take Assistance of Psychologist/Psycho-Social Workers: Supreme Court
[14 July 2022] The Supreme Court, on Wednesday, held that when the Juvenile Justice Board does not comprise a practicing professional with a degree in child psychology or child psychiatry, it would be obligated to take assistance of experienced psychologists
[Order XXII Rule 3 CPC] Delay in Filing Application for Substitution of Legal Heirs Must Be Sufficiently Explained: Delhi High Court
[14 July 2022] for substitution of legal heirs, or under Order XXII Rule 9 of the Code for setting aside abatement of proceedings must be considered liberally. However, the delay in moving such applications must be sufficiently justified. A single bench
Court Barred U/S 468(2)(c) CrPC from Taking Cognizance If Charge Sheet for Offence With 3 Yrs. Punishment Not Filed In 3 Yrs. Of Incident: Karnataka HC
[14 July 2022] The Karnataka High Court has said that Section 468(2)(c) of CrPC specifies that no court shall take cognizance of the offences punishable with imprisonment for a period of three years after the expiry of three years from
Relief Of Specific Performance Can Be Denied If Suit Was Not Immediately Filed After Breach; Rise in Real Estate Prices Also a Relevant Factor: Supreme Court
[13 July 2022] The Supreme Court observed that continuous readiness and willingness on the part of the Plaintiff is a condition precedent for grant of the relief of Specific Performance. The court added that there is a distinction between readiness
NCLT Has Discretion to Not Admit Financial Creditor’s CIRP Application Even If Corporate Debtor Is in Default: Supreme Court
[13 July 2022] The Supreme Court observed that it is not mandatory for the Adjudicating Authority to admit an application to initiate Corporate Insolvency Resolution Process even if a debt existed and the corporate debtor is in default. However,
Set-Off Under Section 428 CrPC Can’t Be Claimed for Detention Undergone for Offence in Foreign Country: Supreme Court in Abu Salem’s Case
[12 July 2022] The Supreme Court, on Monday, held that law pertaining to setting-off of the period of detention undergone by accused against their sentence under Section 428 of the Cr.P.C. would not have extra-territorial application to trial and conviction,
Separate Bail Application Not to be insisted when accused is before magistrate under sections 88,170, 204, 209: Supreme Court
[12 July 2022] The Supreme Court observed that a separate bail application need not be insisted while considering the application under Section 88, 170, 204 and 209 of the Code of Criminal Procedure."There need not be any insistence of a
Petition Under Article 227 Of Constitution Not to Be Entertained If Statutory Alternative Remedy by Way of Appeal Is Available: Supreme Court
[12 July 2022] The Supreme Court observed that a writ petition/Revision Petition under Article 227 of Constitution of India ought not to be entertained when a statutory alternative remedy by way of an appeal is available. The bench comprising Justices
Tendering Of False Affidavit/Undertakings Can Amount to Contempt of Court: Supreme Court
[12 July 2022] The Supreme Court observed that the tendering of affidavits and undertakings containing false statement would amount to contempt of court. A person who makes a false statement before the Court and makes an attempt to deceive the
Person Who Secures Appointment on The Basis of a False Caste Certificate Cannot Be Permitted to Retain Benefit of Wrongful Appointment: Supreme Court
[11 July 2022] The Supreme Court observed that when a person secures appointment on the basis of a false caste certificate, he cannot be permitted to retain the benefit of wrongful appointment.In this case, the employee obtained a Caste Certificate
Navigating Industry Horizons at the Global Real Estate & Smart Lagoon Cities Summit
Asia Law Offices (“ALO”) partnered in the Global Real Estate & Smart Lagoon Cities Summit at the Shangri-La Hotel in Bangalore. This transformative event witnessed the convergence of global leaders, CEOs, and industry influencers, dedicated to unraveling inventive investments in
Asia Law Offices Joins in the Celebration of Ethiopia’s National Day
On 28 May 2023, the vibrant colours of Ethiopia's National Day came to life at the Ethiopian Embassy in New Delhi, marking a momentous occasion that brought together nations in a celebration of unity and shared heritage. Asia Law Offices
Asia Law Offices continues its professional contribution to the Coal India’s Leadership: A Legal Synergy in Progress
Asia Law Offices (“ALO”) recently engaged in a fruitful meeting with the Board of Directors and the Chairman of Coal India at their corporate headquarters. The discussions focused on understanding the legal landscape of the coal industry, aligning with Coal
Asia Law Offices Strengthens Business Synergies Between India and Russia at the Russian Embassy
In an important collaboration initiative, Asia Law Offices (“ALO”) participated in a key event held at the Russian Embassy in New Delhi, where the Russian Confederation of Businessmen from the Samara Region shared understandings of potential business synergies between India
Asia Law Offices Receives State Welcome in Dubai for GITEX Global 2023 Event
Asia Law Offices (“ALO”) received a distinguished State Welcome upon their arrival in Dubai at Dubai Airport, setting the stage for their participation in the GITEX Global 2023 event. This global tech showcase, held at the Dubai World Trade Centre,
Collaborative Opportunities with Vietnam Trade and Business Forum
Asia Law Offices (“ALO”) had the privilege of attending a pivotal business meeting at the Indian Habitat Centre in New Delhi, where a seminar on exploring business synergies across Vietnam was organised. In the company of esteemed dignitaries, including the
Asia Law Offices Joins the Feast at ‘World Food India 2023’
In a splendid inaugural ceremony on 03 November 2023, Prime Minister Narendra Modi launched the second edition of 'World Food India 2023' at Bharat Mandapam in New Delhi. Asia Law Offices (“ALO”) participated in the vibrant setting of Bharat Mandapam
Asia Law Offices enters into Global Collaborations with IICCI
Asia Law Offices (“ALO”) proudly aligns with the Indian Importers Chambers of Commerce and Industries (“IICCI”) as their ‘Platinum Member’ sharing platform space with the esteemed Mr. Atul Kumar Saxena, President of IICCI.Mr. Atul Kumar Saxena stands as a globetrotting
ALO was honoured to be present at the Smart Cities India Expo 2024
ALO was honoured to be present at the Smart Cities India Expo 2024, where our team engaged with industry leaders and stakeholders. ALO is dedicated to shaping the future of urban living through innovative legal solutions. Exciting times ahead at
Empowering Indian MSMEs: Strategies for Growth & Risk Mitigation
MSME Business Forum India & DBS Bank's seminar at the prestigious Indian Institute of Technology, Delhi on 30 January 2024 brought together industry leaders and experts to delve into crucial strategies for Indian MSMEs. Mr. Rakesh Ojha, Founder and Managing
Strategic Collaboration between Asia Law Offices and Anders Aagaard, Senior Partner, Aumento Advokatfirma
Asia Law Offices (ALO) is pleased to announce its strategic collaboration and alliance with Mr. Anders Aagaard, Senior Partner, Aumento Advokatfirma (Aumento), a highly reputed law firm in Denmark, thereby broadening and strengthening our services within India and Denmark.ALO is
Strategic Collaboration between Asia Law Offices and An Phu International Law Company Limited
Asia Law Offices (ALO) is pleased to announce its strategic collaboration and alliance with An Phu International Law Company Limited (‘An Phu’), a highly reputed law firm in Vietnam, thereby broadening and strengthening our services within India and Vietnam.ALO is
Strategic Collaboration between Asia Law Offices LLP and Solid Law Firm
Asia Law Offices LLP (‘ALO’) is pleased to announce its strategic collaboration and alliance with Solid Law Firm (‘SOLID’), a highly reputed law firm in Egypt, thereby broadening and strengthening our services within India and Egypt. ALO is a full-service law