Air Force School Article 12 Supreme Court
Case BriefsSupreme Court

“It is not shown how the IAF headquarters has any control over the management of the said school. Although some funds may have originated from the Army Welfare Society, it cannot be said that the State or the IAF has any control, let alone all-pervasive control, over the school. Moreover, the said Society is not governed by any statutory rules.”

Continue reading
teacher appointment West Bengal Municipal Act
Case BriefsSupreme Court

The West Bengal Municipal Act, 1993 was enacted in order to consolidate the laws relating to urban Municipal Affairs in West Bengal. The West Bengal Municipal Employees’ (Recruitment) Rules, 2005 was introduced by the State Government in exercise of powers conferred under Section 417 read with Section 54(4) of the West Bengal Municipal Act, 1993

Continue reading
Supreme Court POCSO convict
Case BriefsSupreme Court

“This year, as the nation commemorated the 75th anniversary of the Constitution on 26th January, it was recalled that the Constitution envisioned the State as a welfare state, guaranteeing social and economic justice to all citizens. Yet, in this case, there had been a profound failure to provide both social and economic justice to the victim. The facts revealed a failure of the very concept of the welfare state.”

Continue reading
Supreme Court National Highways encroachments
Case BriefsSupreme Court

“It is the obligation of the Central Government to maintain the National Highways. The maintenance of highways includes the obligation to keep them in good condition. It also includes keeping them free of encroachments and, most importantly, providing adequate safety measures to reduce the possibility of accidents.”

Continue reading
High Courts inherent jurisdiction DV Act
Case BriefsSupreme Court

“When it comes to exercise of power under Section 482 CrPC in relation to application under Section 12(1), the High Court has to keep in mind the fact that the DV Act, 2005 is a welfare legislation. Therefore, while exercising jurisdiction under Section 482 CrPC for quashing proceedings under Section 12(1), the High Court should be very slow and circumspect”.

Continue reading
Allahabad High Court
Case BriefsHigh Courts

The outcome of the case will be important and have far reaching effects greatly impacting revenue collection of Municipal Bodies from Telecom Infrastructure Companies. Legally important questions of law including the power to tax Telecommunications Equipment (which falls under Entry 31 the Union List) shall be examined.

Continue reading
Ali Khan Mahmudabad interim bail
Hot Off The PressNews

The Court clarified that the grant of interim bail was intended solely to assist in the ongoing investigation. Additionally, it instructed Professor Mahmudabad to provide a single bail bond covering both FIRs and to submit his passport to the Chief Judicial Magistrate.

Continue reading
Allahabad High Court
Case BriefsHigh Courts

“In the history of the University for well over a century no women has ever been appointed as Vice-chancellor. Appointment of woman as Vice-Chancellor of a premier institution of higher learning sends a message that the constitutional objective of advancement of cause of women is being promoted.”

Continue reading
Allahabad High Court
Case BriefsHigh Courts

“The right to know and to effectively respond to the charges has been recognized as a fundamental feature of any administrative adjudicatory process. It is a fundamental principle of fairness that a party should have prior notice of the case against him and an opportunity to properly respond to the same”

Continue reading
more POCSO courts
Case BriefsSupreme Court

“In our opinion, since the timelines have been stipulated under the POCSO Act for all stages right from the stage of Investigation up to the stage of Trial, the same must be adhered to as far as possible. Because of the inadequacy of the number of exclusive Courts for the POCSO Cases, the said timelines mandated in the Act for completion of the trials are not being maintained.”

Continue reading
Misleading arbitration clauses
Case BriefsSupreme Court

“What is most shocking to our judicial conscience is the incontrovertible reality that the parties in the present cases have spent nigh a decade acrimoniously litigating over the method of dispute resolution itself, while their actual qualms against each other remain deeply buried under the surface—effectively stuck in limbo.”

Continue reading
Kerala High Court
Case BriefsHigh Courts

“Assuming that there is negligence on the part of the petitioner to that extent, an isolated instance of negligence as alleged against the petitioner cannot be a reason to decline approval to the appointment of the petitioner as Principal which was made after a due selection process.”

Continue reading