Bhopal Gas Tragedy Cleanup | MP High Court mandates immediate action & accountability after 40 years of delay in remediation
The Court criticized the authorities for their prolonged inertia despite prior orders and sanctioned plans.
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Delhi High Court dismisses petition by Kashmiri migrants challenging DDA’s Special Housing Scheme for Retired/Retiring J&K Migrants
These petitioners, who had not even applied under the second scheme cannot be permitted to challenge the same, that too, at a belated stage i.e. after four years of the closure of such scheme.
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NCDRC remands consumer case regarding theft to Madhya Pradesh SCDRC to be decided on merits
The NCDRC noted that Reliance General Insurance did not take the issue of territorial jurisdiction before SCDRC; therefore, SCDRC basing its decision on the same, was bad in law.
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‘50 grams of heroin seized; contraband smuggled from Pakistan via drone highlights sophisticated network of illicit trade’; P&H HC dismisses bail petition of accused
“Such individuals, who were involved in trafficking even modest amounts of contraband, were akin to termites eroding the fabric of society. It is imperative that in such cases, the Court takes a firm and resolute stance, addressing them with the utmost severity to curb this insidious menace.”
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Meghalaya HC directs for 2-hour ‘Incognito’ inspections on weighbridges during peak traffic over allegations of mismanagement & loss of revenue
“Only in cases of gross failure of the administrative machinery causing injury to the public at large who are unable to obtain any redress except with the intervention of the Court, should the Court intervene and this dividing line should be strictly maintained.”
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Headmaster being guardian of school has duty to report POCSO incidents to child protection officer or police, Madras HC refuses to quash proceedings
Madras High Court noted that in this case, the Headmaster of the School at the time of occurrence, neither informed about the sexual assault committed by the accused persons to the authorities concerned nor taken any action against them
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‘Arrest must be rational, fair & based on admissible evidence’; MP High Court grants bail in ₹141.8 Crore PMLA case due to procedural lapses
“When an accused is in custody under PMLA irrespective of the case for which he is under custody, any statement under section 50 of PMLA to the same investigating agency is inadmissible against the maker.”
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Delhi High Court stays trademark registration of ‘JACK DANIELS’ being violative of Section 9(2)(a) & Section 11 of Trade Mark Act, 1999
It is the case of the petitioner that they have been using the mark “JACK DANIEL’S” since 1895 in respect of alcoholic beverages. The petitioner is the registered proprietor of various trademarks including “JACK DANIEL’S” and other formative parts.
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3000 missing children in Andhra Pradesh | NHRC issues conditional summons to Chief Secy, Govt. of AP to appear personally
The summons was issued after taking note of non-receipt of requisite report despite sending reminders. NHRC however clarified that if the required documents are received on or before 14-01-2025, then the personal appearance shall stand dispensed with.
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No social welfare surcharge payable on custom duty exempted under MEIS Scheme: Orissa HC
Upon a person obtaining exemption, he cannot be said to be discharging liability to pay duty. The Court clarified that charging provision under Section 110(3) of Finance Act, 2018 is a percentage of customs duty paid, as collected by the Central Government. The duty paid being zero, collection is zero and the percentage of it must also be zero.
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Doctrine “Falsus in uno, falsus in omnibus” doesn’t apply in India; Courts must separate reliable evidence from exaggerations: J&K High Court
“It is the duty of the Court to remove the chaff from the grain in its pursuit for truth. It is not open to the trial Court to throw out the entire prosecution evidence just because it was contradictory on certain aspects of the case.”
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‘Person wanting to do liquor trade have to accept conditions as framed by State’; P&H HC dismisses petition to quash prohibition of operation of bars/pubs beyond midnight in Haryana
“Excess drinking and indulging in night life in Indian society is still a social taboo. While we may not be understood to discourage night clubs, but the policy makers ought to take into consideration the Indian culture and consider that the percentage of literacy and mature understanding and repercussions of excessive drinking is yet a far-reaching goal.”
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‘Restore & preserve temples and their properties with utmost care’; SC appoints retired HC Judge as administrator for elections in Oachira Parabrahma Temple
Justice (Retd.) K. Ramakrishnan of Kerala High Court has been appointed as Administrative Head to conduct the election for the administration and management of the temple and its allied institutions, in a free and fair manner. There were serious disputes in administering and managing the temple and its institutions by the Administrative Head appointed by the Kerala High Court.
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Delhi High Court sets aside detention order on woman’s personal gold jewellery, Exempts ‘personal effects’ from customs duty
Personal jewellery which is not found to have been acquired on an overseas trip and was always a used personal effect of the passenger would not be subject to the monetary prescriptions incorporated in Rules 3 and 4 of Baggage Rules, 2016.
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‘Statements in charge-sheet, too far-fetched and fall short of any instigation/incitement’; Bombay HC sets aside abetment to suicide case against a Judicial Officer
To attract the offence under Section 3061 of the Penal Code, 1860, clear mens rea to commit the offence must be established on applicant-accused’s part, as it requires active/direct act, leading the deceased to commit suicide.
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Supreme Court orders petition to be decided within 3 months after Allahabad High Court’s delay in delivering judgment after reserving it 14 months ago
Supreme Court remarked that it was unclear why the Judge of the High Court, despite reserving judgment 14 months ago, had not delivered the judgment or disposed of the petition.
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Calcutta High Court upholds maintenance for wife and daughter; Rejects claims challenging legal marriage despite pending appeal
It is the obligation and bounded duty of the husband to maintain his wife and children, if he has sufficient means and neglects or refuses to maintain them in case wife is unable to maintain herself and her child.
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SC directs all States to penalise officers responsible for delay in filling of appeals causing huge loss to Government exchequer
“Though the Government adopts systematic approach in handling the legal issues and preferring the petitions/applications/appeals well within the time, due to the fault on the part of the officials in merely communicating the information on time, huge revenue loss will be caused to the Government exchequer.”
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‘Police personnel strangulating pregnant wife not exceptionally brutal/violent’; Bombay HC holds husband eligible for remission
No separate category is carved out as an exception to the normal Rules of remission provided under Section 4321 of the Criminal Procedure Code, 1973 for a Police personnel committing heinous crime of murdering his pregnant wife.
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Does the right to default bail accrues upon the expiry of the statutory period if an investigation extension application is pending? Madras HC answers
“It is needless to say that the decision in the bail application would be dependent on the decision in the extension application”
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