Supreme Court Constitution Bench 2022 Roundup & the matters to look forward to in 2023
The year 2022 has seen formation of multiple Constitution Benches and its hearings, wherein out of pending 498 Constitution Bench matters, 25
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Bombay HC raps Maharashtra Government for non-implementation of Mental Health Act, 2017 in the State
In a case concerning non-implementation of the Mental Health Act, 2017 and non-functioning of the State Mental Health Authority in Maharashtra, the Bombay High Court came down heaving on the State.
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CBIC notifies CGST (Fifth Amendment) Rules, 2022
On 26-12-2022, the Ministry of Finance has notified the Central Goods and Services Tax (Fifth Amendment) Rules, 2022 to amend
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Courts should urge the police to investigate in sexual offences against women; Allahabad High Court reiterates
The legislation in its own wisdom have planned to use the state machinery to investigate into all those offences, in which the women are poor victims of the atrocities committed by male.
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Bombay HC imposes costs of Rs 5,000 on law firm for revealing identity of rape victim
The Bombay High Court came down heavily on the law firm for revealing the identity of a rape victim. The Court, while allowing the firm’s application to mask the name of the victim imposed a cost of Rs. 5,000 on it.
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Bombay High Court issues show cause notice to Deputy Commissioner, Solid Waste Management Department and advocate seeking designated place within High Court to feed stray dogs
The High Court issued a contempt notice against an Advocate and a civic official, who acted on her request, after observing that a lawyer’s letter asking for a designated area within the Bombay High Court premises in Nagpur to feed dogs was for “publicity”.
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Copying and cheating in examinations is like a pandemic, which can ruin society and educational system of any country: Delhi High Court
The Delhi High Court held that the Delhi Technological University had been lenient in imposing Category IV punishment rather than rusticating the students who were found cheating in the examinations. Therefore, the court observed that the students who engage in unfair means in exams and get away with it cannot build the nation.
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Delhi High Court restrains Brompton Lifestyle Brands from using Yves Saint Laurent marks and alike
There was no written authorisation in Brompton's favour to use the YSL marks in relation to the Boutique, the goods offered from the Boutique and otherwise. Thus, the Court held that Brompton could not be considered as a “permitted user” of the YSL marks.
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Electricity is an integral part of Right to Life; Punjab & Haryana High Court directs to restore electricity connection till final disposal
Punjab and Haryana High Court held that even if the lease has expired the electricity cannot be cut off to the petitioner while he is in possession of the suit property.
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Executor appointed in probate proceedings cannot be removed unless gross misconduct or mismanagement, abuse or misuse of probate is demonstrated: Delhi High Court
The Delhi High Court held that naming of an administrator pendente lite would not come up unless and until the Executor was initially removed by the appropriate Court as per Section 301 of Succession Act, 1925. Further, it was held that an executor appointed in probate proceedings would not be readily removed unless gross misconduct, gross mismanagement, abuse, or misuse of probate was demonstrated.
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2 New CJIs, 8 Retirements, 3 Appointments- Reflecting upon a hectic 2022 for the Supreme Court Judge Strength
The year 2022 saw a bustling activity in the Supreme Court vis-a-vis appointments and retirements. The Collegium headed by 3 CJIs this year, oversaw new elevations and recommendations. Whereas a significant number of Judges bid farewell to their Judgeship this year as well. Read this curated piece to know how 2022 affected the judicial strength of the Supreme Court.
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Supreme Court lambasts the CISF constable for moral policing a couple, sets aside Gujarat High Court order reinstating him back in service
There was an apparent error of law in the order passed by the Gujarat High Court as the writ court is primarily concerned with examination of the decision-making process when a disciplinary action is challenged. Accordingly, the Supreme Court upheld the order of removal from service passed by the disciplinary authority.
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NCLAT | No Liquidator has any ‘personal rights’, to continue in Liquidation Process; Adjudicating Authority can order for replacement of Liquidator
National Company Law Appellate Tribunal | The bench comprising of M. Venugopal, J. and Naresh Salecha* (Technical Member) held that
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Appointment of Delhi Legislative Assembly Secretary tainted with irregularities and illegalities; Delhi High Court upholds Siddharth Rao’s termination
Justice Chandra Dhari Singh observed that the entire saga of the series of appointments, absorption and promotion of Siddharth Rao, Secretary of Delhi Legislative Assembly, is tainted with irregularities and illegalities, de-hors the rules or due process of law, without approval by the competent authority and hence vitiated.
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Order of stay/moratorium under the Companies Act, 2013 prohibits the initiation of any proceedings; Parties cannot be referred to Arbitration: Delhi High Court
The Delhi High Court ruled that the moratorium granted by the NCLAT, staying the institution of suits and proceedings against the Corporate Debtor, after the resolution process was initiated against it under Sections 241 and 242 of the Companies Act, 2013, was akin to an order of moratorium passed under Section 14 of the Insolvency and Bankruptcy Code, 2016.
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Read how a complainant’s acts and omissions vis-a-vis a JCB machine’s accident, led the NCDRC to draw an adverse inference in favour of the Insurer
In the instant matter the National Consumer Disputes Redressal Commission had to determine whether the complainant's JCB machine had fallen down or overturned for the purposes of an insurance claim
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Words uttered must be capable of arousing sexually impure thoughts in minds of hearers to satisfy definition of obscenity to attract Section 294(b) IPC; Kerala High Court reiterates
If the act is not obscene, or is not done in any public place, or the song recited or uttered is not in or near any public place or that it caused no annoyance to others, no offence under Section 294(b) of IPC is committed.
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Delhi High Court| Courts are duty bound to lean towards an interpretation which uphold jurisdiction of a Civil Court in case of suspicion
Section 9 of CPC is also symbolised as the gateway to the civil Courts as it envisages not only the inherent powers of the Civil Courts to entertain any suit of a civil nature, but also the inherent rights of the disgruntled yet hopeful litigants to approach the civil Courts with a huge expectation that they will get justice from this forum, which would adjudicate upon their infracted legal rights and will invoke the legal machinery to protect and vindicate such rights.
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Delhi High Court grants bail to an accused in an illegal international telephone exchange setup located in Chawri Bazar, Old Delhi
The case involves illegal international telephone exchange setup was found in Chawri Bazar, Old Delhi run by one Zulifiqar Ali alias Raja by using new era software-driven technology for routing calls from foreign countries like USA, UAE, Canada, Australia, etc. to India via illegal route of internet by passing the legal international and national call gateways of India.
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Mere disagreement with decision-making process of tender authority not a reason for a Constitutional Court to interfere; Allahabad High Court allows State to go ahead with tendering process as per law
Allahabad High Court viewed that the tender authority, has been given a certain degree of leverage by the courts, being the best person to understand its requirements. Hence, a mere disagreement with the authority's decision-making process is not a reason for a constitutional court to interfere.
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