Bringing you the Best Analytical Legal News
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.
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The Court held that the onerous condition attached to release on bail that a government servant must furnish bail of the detenus, apart from the bail bond and surety, amounts to denial of bail, which is done in exceptional circumstances and not as a matter of course.
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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.
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The Court expressed serious concern over the Income Tax Department’s failure to release seized cash and jewellery even after adjustment of the tax demand and completion of requisite formalities, observing that such prolonged inaction reflected red-tapism and high-handedness on the part of the authorities.
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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.
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The Delhi High Court restrained unauthorised use of Yuvraj Singh’s name, image, voice and likeness, including through AI-generated content, deepfakes and commercial exploitation.
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A paper mill’s new owner took over under an approved resolution plan, but the electricity board still wanted over ₹2.5 crore in old dues and surcharges before switching the power back on. The Calcutta High Court said the clean slate principle doesn’t have exceptions for electricity bills.
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A woman cleared the written exam for Forest Guard and Wildlife Guard recruitment, nine months pregnant at the time, was told there was no rule allowing her physical test to be postponed. The Allahabad High Court disagreed, holding that no woman should have to choose between motherhood and a job.
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The High Courts observed that criminal prosecution of any person is a serious matter as it affects the liberty of that person.
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The present application arose because the earlier order did not expressly refer to 39 short videos and 5 English-language videos that were mentioned in Para 10 of the plaint, although according to Isha Foundation these videos formed part of the original cause of action and contained content substantially identical to the impugned videos already directed to be taken down.
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The Court reiterated the golden rule of law that when a specific statutory provision to do certain act is codified under the statute, such an act must be and should be done in the same manner as codified under the statute or not at all. Any other mode is expressly forbidden in law.
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The Court directed that the petitioner’s bank account be unfrozen holding that freezing the account at the instance of the cyber cell, on the basis of a single UPI transaction of ₹1000 from vendee, without notice and without following due process of law was unsustainable, contrary to law and illegal.
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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.
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A 29-year-old woman was allegedly kept from leaving her own home for nearly three months, her phone and laptop taken away, after traveling to Manipur for what she believed were wedding preparations.
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The Court held applicable rules did not prescribe a mandatory requirement of 10ten years’’ continuous physical residence, and such a condition could not be introduced or enlarged through executive or administrative instructions.
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The Court held that with adequate material like a DNA test and joint acknowledgment of parentage, Section 15, Registration of Births and Deaths Act, 1969 permits correction of the birth certificate to replace the former husband’s name with that of the biological father.
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Delhi High Court granted interim protection to “ZEPTO” trade marks, restraining the defendants from using “ZEPTO FINANCE” and other deceptively similar marks.
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It was alleged by the applicant that the social website named “Tinder app” is not a matrimonial site, but is a popular site among youngsters, and the said website is meant for making friends.
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The High Court object of the moratorium is merely to postpone civil debt enforcement and not to shield an accused from criminal accountability arising out of dishonour of cheques.
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Kerala High Court held that in cases involving child victims, expressions used to describe the act of sexual assault must be interpreted in the factual context rather than through strict anatomical distinctions.
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