2025 | Page 146 of 239

Right to close business protected under Art. 19(1)(g), but subject to reasonable restrictions; SC strikes down state action against closure as unconstitutional

The right to close down a business is an essential part of the fundamental right to carry on any occupation, trade or business under Article 19(1)(g) of the Constitution.

Op Eds OP. ED.

Loss of Profit and Profitability: Distinct Concepts, Frequently Confused

by Ramkishore Karanam* and Preethi Sivaraman**

Case Briefs High Courts

Isolated acts of immorality not ‘living in adultery’; Patna HC dismisses plea filed by husband against maintenance order

“A few moral lapses and a return back to a normal life cannot be said to be living in adultery. If the lapse is continued and followed up by a further adulterous life, the woman can be said to be ‘living in adultery.’”

Case Briefs High Courts

Madras High Court cracks down on bureaucratic inaction in compassionate appointments; Initiates contempt proceedings

“The present issue is a classic example of the lethargic attitude of several bureaucrats. It appears that they have no concern towards the common man and poor litigants, who are approaching the Court for justice.”

Case Briefs High Courts

‘Every degree awarded after graduation cannot be termed as post-graduation’; Delhi High Court quashes appointment of NCISM, Chairperson

The Ph.D. degree which was awarded to Respondent 5 did not presuppose acquisition of lower qualification, i.e. master’s degree in Ayurveda. Respondent 5 was admitted to Ph.D. course without undergoing the master’s degree course immediately after obtaining his graduation degree in Ayurveda.

Case Briefs High Courts

MP High Court allows NTA to announce NEET-UG 2025 results for all candidates except for those affected by Power Outage at Indore Centres

In the instant matter, the grievance is centered around a power outage lasting approximately 1—2 hours, which allegedly disrupted the examination and caused extreme stress to the candidates.

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice R. Mahadevan’s remarkable career and notable judgments

Justice R. Mahadevan’s journey from a law graduate in Chennai to a Supreme Court Judge is a story of commitment, expertise, and unwavering dedication to the field of law.

Case Briefs District Court

“Raped her physically and mentally”; Gujarat Court sentences man to rigorous life imprisonment for raping and impregnating minor daughter

“The Court has no words to describe its anguish against the heinous act of the victim’s father.”

Case Briefs High Courts

‘Local study and application of mind essential for implementing education policy’; Kerala HC stays order to remove Arabic, Mahal from Lakshadweep school curriculum

Kerala High Court viewed that a prima facie case was made out by the Petitioner that the impugned office order was issued without conducting any study or consultation with stakeholders

Case Briefs High Courts

‘Lacks rationale’; Bombay High Court quashes Gram Panchayat’s resolution cancelling NOC for mobile tower construction

In the modern age, mobile phones are no longer a luxury but an inevitable necessity, even in the remotest part of the country. Therefore, before adverting to the drastic action of cancelling NOC, an independent scrutiny of the complaint that mobile tower causes health hazard, is legally mandated.

Law Firms News News

Khaitan & Co. advises Cerberus Capital affiliate and others on INR 28,600 crores investment in NCDs issued by Shapoorji Pallonji Group

This bond issuance marks the largest deal in the private credit space in India

Case Briefs High Courts

‘Stay on entire election is last choice, not first reaction’; Rajasthan High Court dismisses plea challenging Adhoc Committee’s conduct of KDCA’s fresh election

“Free and fair elections are the cornerstone of democratic governance, including elections of all kinds of governing bodies. Elections are usually best conducted in their usual course, i.e., without any interference and interruptions.”

MSME arbitrations and seat of arbitration

Experts Corner Khaitan & Co

MSME Arbitrations and the Seat of Arbitration: A Contest between Party Autonomy and Legislative Prescription

by Milind Sharma*, Abhisaar Bairagi**, and Ausaf Ayyub***

Case Briefs High Courts

‘Justice system should not be weaponised to punish emotional intimacy between peers’; Orissa HC grants interim bail to POCSO accused

“In cases involving adolescents or young adults, especially where the relationship is not formally sanctioned by families, legal proceedings may become a proxy for familial disapproval rather than a genuine invocation of victimhood.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC dismisses complaint against Wow Momos for serving Non-Veg Momos to ‘strictly vegetarian’ customers as they fail to prove their claim

The Commission strictly opined that if the complainants were strictly vegetarian and that non-vegetarian foods hurt their religious sentiments, then why did they opt to order food from an outlet that delivers both veg and non-veg food items.

Case Briefs Supreme Court

‘Under no circumstances, is an involuntary or forced narco-analysis test permissible under law’; SC sets aside Patna High Court’s order permitting involuntary test

The High Court in direct contravention of the Selvi v. State of Karnataka, (2010) 7 SCC 263 accepted the submission of the Sub-Divisional Police Officer, Mahua, that she would conduct narco-analysis test of all the accused persons and other witnesses, during the investigation.

Case Briefs High Courts

Inside Madras High Court’s verdict on State’s power to regulate online real money games

“The State cannot remain a mute spectator when the population at large is exposed to serious physical, mental and financial risks due to constant exposure to a specific online entertainment/games/trade. In circumstances where a total prohibition is not possible at least a minimum of regulation becomes a necessity.”

Case Briefs High Courts

Bombay HC orders full reimbursement for heart transplant surgery to former Central Govt. employee for expenses incurred at private hospital

“A heart transplant is a serious ailment, and its surgery is critically important, and cannot be postponed, thus, is a special circumstance. Such surgeries are expedited in the interest of human life without an embargo of an expenditure which is secondary to human life.”

Case Briefs High Courts

‘No tourism; No alcohol; No non-veg’; Inside Jharkhand HC’s decision on preserving the sanctity of Parasnath Hill

The Court ordered strict enforcement of the 2023 Office Memorandum issued by the Union of India under Section 5 of the Environment (Protection) Act, 1986 which recognized the sanctity of Parasnath Hill and its significance for the Jain community directing a ban on tourism and other activities.

Case Briefs Supreme Court

Two acquitted in 43-year-old murder case as SC slams suppression of evidence and unfair probe

“Even the Police are under an obligation to carry out a fair investigation. This is a crucial aspect of fairness. The objective of the investigation is to ensure that the real culprits are brought to justice. The legal system must ensure that an innocent person is not punished.”