Bringing you the Best Analytical Legal News
98 per cent compliant, but still under suspension. The Bombay High Court found no justification for keeping a Pune sweet shop closed only because an appeal against the suspension order was pending and ordered the Maharashtra FDA to pay ₹5 lakhs compensation to the shop for the loss suffered during the period of closure.
Continue reading
J&K and Ladakh High Court held that fear or panic alone does not satisfy the provision unless the statement is intended, or likely, to promote enmity, hatred or ill-will between different groups.
Continue reading
A party to a compromise cannot become an appellant against its consequences. The Himachal Pradesh High Court held that a final decree passed on agreed terms between co-sharers was a consent decree, attracting the express prohibition contained in Section 96(3) CPC.
Continue reading
Holding that FDA’s recalled restrictions on ACILOC drug stocks stood neutralised, the Court directed fresh show-cause notices under Rule 85, Drugs Rules, 1945, before any further action.
Continue reading
The Bombay High Court held that employees who had rendered more than six months of qualifying service from the date of their last annual increment could not be denied the benefit of annual increment merely because they retired before 1 July.
Continue reading
The Bombay High Court held that a litigant cannot remain absent from proceedings for years and later seek indulgence on the ground of a supposed bona fide misunderstanding.
Continue reading
Three government canteens, a uniform 98% score, and not a single insect in sight, until a surprise inspection found flies, cockroaches, and a refrigerator “in shambles.” Meanwhile, a private restaurant lost its licence over a banana with black dots.
Continue reading
When a taxpayer told the Bombay High Court he was staring down a fourth round of arguments after the matter was heard thrice without any pronouncement of judgment, the Court didn’t just fix his case, it ordered every ITAT in the country to start following the 90-day rule under Rule 34, Income-tax (Appellate Tribunal) Rules, 1963.
Continue reading
The Bombay High Court restored a food business licence suspended under the proviso to Section 32(3), Food Safety and Standards Act, 2006, holding that once fresh inspections conducted pursuant to the Court’s orders demonstrated 95 per cent compliance and graded the establishment as “Compliance/Satisfactory”, continuance of the suspension no longer served the preventive object for which it had originally been imposed.
Continue reading
The Jammu & Kashmir and Ladakh High Court ruled that maternity benefits cannot be curtailed based on the nature of employment and that withholding salary during maternity leave unfairly penalises motherhood.
Continue reading
Himachal Pradesh High Court upheld the acquittal in a snake-bite death case, ruling that criminal negligence cannot be inferred merely from a delay in taking the victim to a hospital. In the absence of medical evidence showing that timely treatment could have prevented the death, the prosecution failed to establish causation under Section 304-A IPC.
Continue reading
Bombay High Court grants adinterim relief to practicing Advocate who contends that criminal liability has been foisted upon him for legal opinion rendered in professional capacity.
Continue reading
The High Court holds that confiscation is a matter to be considered at the conclusion of trial and that, pending such determination, the court is empowered to grant interim custody of the seized vehicle under Section 497 BNSS.
Continue reading
The Kerala High Court held that foreign lawyers cannot examine witnesses before an Advocate Commissioner appointed for execution of a letter of request issued by a foreign court under the Hague Convention. The recording evidence before a Commissioner is a litigious function forming part of the practice of law in India and falls within an area reserved exclusively for advocates enrolled under the Advocates Act, 1961.
Continue reading
The Bombay High Court declined interim relief in a copyright infringement and passing-off action concerning rival logo device marks, holding that resemblance between logos is not by itself actionable unless supported by evidence demonstrating copying or reasonable opportunity of access to the claimant’s work.
Continue reading
Bombay High Court held that notices and proceedings initiated against an entity that has ceased to exist are void and without jurisdiction, setting aside the assessment, show cause, and attachment notices issued to the amalgamating company, while allowing fresh proceedings against the surviving entity in accordance with law.
Continue reading
The Bombay High Court directed restoration of custody of a minor child to her father in habeas corpus proceedings, observing that emotional attachment with the maternal aunt could not override the father’s undisputed legal right without any evidence showing that custody with him would be detrimental to the child’s welfare.
Continue reading
In a writ petition challenging an order of the District Consumer Disputes Redressal Commission directing payment of balance gratuity to a retired employee, the Court held that disputes relating to gratuity and other service benefits arise out of an employer-employee relationship and do not give rise to a consumer dispute under the Consumer Protection Act, 2019.
Continue reading
Covering all the important criminal law cases across various High Courts and the Supreme Court as well as the legislative updates, this roundup provides a quick summary of cases, latest legal updates in criminal law and links to other roundups.
Continue reading
In writ petitions challenging notices issued under the Disaster Management Act, 2005 restraining landowners from obstructing drainage work, the Court held that the action constituted a statutory flood mitigation measure backed by law and did not amount to deprivation of property under Article 300-A, thereby rejecting the challenge.
Continue reading