Delhi High Court expresses concern over conversion of public places of worship into residence by Priests and Imams
The Delhi High Court took note of the fact that Article 25 of the Constitution of India does not bestow such a right.
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Non-impleading of all legal representatives won’t abate the suit if the estate of the deceased is substantially represented by other defendants
Placing its reliance on Bhurey Khan v Yaseen Khan 1995 Supp (3) SCC 331, the Bench stated that the suit will not abate for the reason of non-substitution of all legal representatives of the deceased if the suit was substantially represented.
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Failure to take due care while driving and overtaking amount to rash and negligent driving: Delhi High Court
While enhancing compensation in a motor accident claims case, the Delhi High Court opined that rash and negligent driving does not necessarily mean excessive speed. Not taking due care while driving and overtaking amounts to rash and negligent driving.
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Rajasthan High Court grants conditional appointment to the post of Prabhodhak (Teacher) vis-à-vis Basic School Teacher Course advertisement
After three rounds of litigation and 15 years of struggle, the petitioners got a conditional order of appointment to the post of Prabodhak.
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Supreme Court Constitution Bench March 2023| Two verdicts delivered; Maharashtra’s political battle reserved and commences matter pertaining to Doctrine of Group of Companies
Don’t miss out on the Constitution bench verdicts delivered on appointment of members of the Election Commission of India and the curative petition seeking enhancement of compensation for the victims of the world’s largest industrial disaster- the Bhopal Gas Tragedy.
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Supreme Court collegium accedes to transfer request of two High Court Judges and rejects transfer request of Madras High Court Judge to North-East State
The three Supreme Court collegium resolutions were passed dated 28-03-2023.
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[Google-CCI Case] |NCLAT upholds Rs1,337 crore penalty on google for abuse of dominant position in Android Mobile Device Ecosystem
The Tribunal while upholding the impugned order passed by CCI dated 20-10-2022, set aside 4 key directions issued in paragraphs 617.3, 617.9, 617.10 and 617.7.
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University of Delhi arbitrarily cancels seat alloted to a candidate; Delhi High Court directs admission in next academic year 2023-24
The delay on part of the petitioner in approaching the Court had led to the conclusion of admission process, due to which the candidates with lower merit would got admission which stood crystalised. Therefore, no exceptional circumstances existed in warranting issuance of directions to admit the petitioner in the academic year 2022-23.
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Protest by violent means can never be a part of Democracy, Delhi High Court overturns the discharge of accused in the Jamia violence case
“A protest cannot be allowed to endanger others, damage property, restrict essential services and such a protest cannot receive constitutional protection. The acts of violence and violent speech that instigates violence and endangers rule of law, damage public property and peace are not protected under the Indian Constitution.” opined the Delhi High Court
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Supreme Court rejects challenge to the open ballot system in Rajya Sabha elections
The Supreme Court stated that an open ballot system does not mean it was open to one and all, but only to the authorised political party representative which was necessary to prevent cross voting and maintaining party discipline.
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High Courts have jurisdiction to adjudicate upon the Orders passed by the Armed Forces Tribunal, Supreme Court overrules its 2015 judgement
“If there is a denial of a fundamental right under Part III of the Constitution or there is a jurisdictional error or error apparent on the face of the record, the High Court can exercise its jurisdiction”, stated the Supreme Court
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Delhi High Court set aside delayed show cause notice issued by Revenue Department under IT Act
The Delhi High Court observed that there was an unexplained substantial delay in issuing the impugned Show Cause Notice dated 09-11-2017 and thus, is inexcusable in the eyes of law
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Can the Insolvency Court adjudicate upon the validity of Sale Deed without Section 53 application under Provincial Insolvency Act? Andhra Pradesh High Court answers
The Andhra Pradesh High Court directed the Official Receiver to cancel the sale deed as the same was without application of Section 53 of Provincial Insolvency Act.
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SCBA cannot assert right over 1.33 acres of Supreme Court land for constructing lawyers’ chambers; Supreme Court dismisses petition filed by Senior Advocate Vikas Singh
The Supreme Court observed that such matters cannot be resolved by the application of judicial standards and have to be taken up on the administrative side of the Supreme Court.
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Supreme Court 5-Judge Bench considers the existence of Doctrine of Group of Companies in Indian jurisprudence vis-à-vis Arbitration Act
Group of Companies Doctrine- an Arbitration Agreement entered into by a Company within a group of Companies can bind its non-signatory affiliates, if the circumstances demonstrate that the mutual intention of parties was to bind signatory as well as the non-signatory parties.
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‘Elevate Judges in accordance with their seniority’, SC Collegium recommendations for Madras High Court and Punjab and Haryana High Court
“The names which have been recommended earlier in point of time including the reiterated names ought not to be withheld or overlooked as this disturbs their seniority whereas those recommended later steal march on them. Loss of seniority of candidates is a matter of grave concern.”
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Prosecution should explain the injuries on accused for a robust case, Supreme Court acquits man convicted in a 2006 murder case
While granting benefit of doubt to accused, the Supreme Court stated that “Taking into consideration the delay in lodging the FIR, with the circumstance of their names not being mentioned in the contemporaneous documents, the possibility of the said accused being falsely implicated cannot be ruled out.”
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“Death Sentence to be imposed only if no possibility of reform”; SC commutes death sentence to 20-years rigorous imprisonment in 7-year-old’s kidnapping-murder case
No mitigating circumstances of the petitioner were taken into account at any stage of the trial or the appellate process even though the petitioner was sentenced to capital punishment.
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‘PNG Regulatory Board may tear down statutorily constructed bubble of exclusivity’; Delhi High Court balances rights of consumers and PNG ‘authorised entities’
The Delhi High Court was of the view that the “regard had to be given to the fact that the said provision was not a penal provision or one which is designed to punish an Authorised Entity for having failed to achieve set out targets. It was fundamentally focussed upon the needs of a particular consumer who complains that the Authorised Entity in the particular Geographical Area was not ready to supply natural gas.”
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Can orders be reviewed for relying on a judgment subsequently overruled by a superior Court? Supreme Court division bench delivers split verdict
The case pertains to the resurrection of controversy surrounding the Pune Municipal Corporation and Indore Development Authority judgements of the Supreme Court vis-à-vis Section 24 of the Land Acquisition Act, 2013.
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