High Court Round UpLegal RoundUpTribunals/Regulatory Bodies/Commissions Monthly Roundup

7 Interesting Picks of the Week Gone by.

Under Muslim Personal law, can Family Court dissolve the marriage of a couple? Bom HC elaborates

The Division Bench of V.K. Jadhav and Sandipkumar C. More, JJ., addressed whether Family Court under Muslim Personal Law (Shariat) Application Act, 1937 read with Section 7(1)(b) Explanation (b) of the Family Courts Act, 1984 declare the matrimonial status of a wife and husband.

Read full report here…

Judges required to seek political clearance qua private visits abroad: Did Del HC strike down Ministry of External Affairs’ Office Memorandum requiring the same? Read decision

The Division Bench of Rajiv Shakdher and Jasmeet Singh, JJ., strikes down the OM dated 13-7-2021, to the extent it requires Judges of the Supreme Court and the High Court to seek political clearance qua private visits abroad.

Read full report here…

Signatures on the Vakalat and the Written Statement cannot be considered as signatures of comparable and assured standard for want of expert opinion under S. 45 Evidence Act

The petitioner/defendant filed written statement contending that the suit promissory note is a forged document and his signatures were forged. At the evidence stage, the petitioner filed an interim application under Section 45 of the Indian Evidence Act, 1872 to send a promissory note to the handwriting expert by receiving specimen writings in the four promissory notes which are annexed to the said application and to receive his specimen signatures in the open Court along with the vakalatnama and written statement for comparison. The respondent/plaintiff filed counter and opposed the said application.

Read full report here…

Law Officers perform their duties without profit motive and with a service mentality for a nominal fee as compared to their lucrative private practice: Madras HC

Expressing that, Legal profession is a noble profession, and it is the lawyer, who plays a predominant role in securing every citizen life and personal liberty fundamental and statutory rights ensured by the ConstitutionM. Govindaraj, J., observed that, Law Officers perform their duties without profit motive and with a service mentality for a nominal fee as compared to their lucrative private practice

Read full report here…

Mother alleged to have extra-marital affair, will father be granted custody of children? Guj HC decides

Ashok Kumar C. Joshi, J., denied granting child custody to father, wherein the mother was alleged to have extra-marital affairs.

Read full report here…

If a girl runs away voluntarily without any persuasion, can boy with whom she eloped be held responsible for abducting the girl? Chh HC explains

Deepak Kumar Tiwari, J., held that, when the accused has not played an active role or persuaded the victim and the victim voluntarily left the protection of her parents and having the capacity to know her action, no offence of abduction is made out.

Read full report here…

Promotional activity for IPL not covered under ‘Business Auxillary Service’; Anil Kumble not liable to pay Service Tax

The Coram of P. Anjani Kumar (Technical Member) and P. Dinesha (Judicial Member) allowed appeals against the order of First Appellate Authority which upheld the demand for service tax by the adjudicating authority.

Read full report here…

District CourtHigh Court Round UpLegal RoundUp

Here are our interesting Picks from the stories reported this week:

People using cyberspace to vent out anger and frustration by travestying key-figures holding highest office in country, is abhorrent and violates right to reputation: All HC

Sanjay Kumar Singh, J., expressed that, 

“The internet and social media has become an important tool through which individuals can exercise their right to freedom of expression but the right to freedom of expression comes with its own set of special responsibilities and duties.”

Read more, here…

When a person suffers injury without any negligence on his part, but result of combined effect of negligence of two other persons: Is it a case of composite or contributory negligence? Bom HC answers

Expressing that, Negligence does not always mean absolute carelessness, but want of such a degree of care as required in particular circumstances, Vinay Joshi, J., held that no absolute standard can be fixed as to what constitutes negligence differs from case to case.

Read more, here…

[Yes Bank Loan Fraud] Public money under garb of Term loan siphoned off, resulting in generation of ‘proceeds of crime’ as well as its layering and ultimate projection as untainted money: Del HC while denying bail to Gautam Thapar

While addressing a matter wherein bail of Gautam Thapar accused in Yes Bank Loan Fraud case, was sought, Manoj Kumar Ohri, J., expressed that it is well settled that, economic offences constitute a class apart and need to be visited with a different approach, given their severity and magnitude. Albeit these offences are likely to adversely impact the economic fabric of the country, bail shall not be denied to a person accused of an economic offence in a routine manner.

Read more, here…

Where the residence is a shared household, would it create any embargo upon owner to claim eviction against his daughter-in-law? Read what Del HC says

Yogesh Khanna, J., held that right of residence under Section 19 of the Domestic Violence Act is not an indefeasible right of residence in a shared household, especially when the daughter-in-law is pitted against aged father-in-law and mother-in-law.

Read more, here…

Every common woman travelling in public transport have experienced incidents of inappropriate touch by male gender, but ignored: Is this the reason why such assaults go unreported? Read detailed decision on one such incident

Expressing that essence of a woman’s modesty is her womanhood, H.H. The Special Judge A.D.DEO, remarked that incidents of unwelcome, inappropriate touch by the male accused in the journey are very common sexual assault experience by every common woman travelling in public transport, but ignored by each one of them, thinking that there is no likelihood of coming across, the same assailant after the journey.

Read more, here…

Children less than 12 years of age are “asexual” and normally take time to recognize that disguised love, affection or warmth by perpetrator is sinful: Tis Hazari Courts, Delhi

Dharmesh Sharma, Principal District & Sessions Judge, found a 28-year-old man guilty of committing aggravated penetrative sexual assault on a minor aged 11 years old.

Read more, here…

Touching ‘bum’ of a minor girl will be sexual assault punished under S. 10 of POCSO Act? POCSO Court explains

Expressing that, the sexual intention is the state of mind, may not necessarily to be proved by direct evidence, such intention is to be inferred from attending circumstances of the case, M.A. Baraliya, Designated Judge under POCSO Act, 2012, held that touching bum of a girl cannot be said to be without sexual intention.

Read more, here…

High Court Round UpLegal RoundUpTribunals/Regulatory Bodies/Commissions Monthly Roundup

Here’s our interesting picks of the week from the stories reported

“Notaries operating from public taxis around vicinity of Court”: Dignity of the profession needs to be maintained and the legal profession cannot be allowed to function from the streets | Bom HC   

“…though we have full sympathy for the Advocates who do not have their offices of their own to function from, we do not believe that the dignity of the profession needs to be maintained and the legal profession cannot be allowed to function from the streets.” 

Read full report, here.

Gangubai Kathiawadi | Can after certification granted by Board, public exhibition of a film be prohibited? Bom HC answers

In respect to petitions with regard to the release of movie Gangubai Kathiawadi, Division Bench of Dipankar Datta, CJ and M.S Karnik, J., while expressing that “Once the film is granted a certificate by the competent statutory authority, i.e. the Board, the producer or distributor of the film has every right to exhibit the film in a hall unless, of course, the said certificate is modified/nullified by a superior authority/Court”, held that, there cannot be any kind of obstruction for the exhibition of a film, which is certified, unless the said certificate is challenged and Court stays its operation,

Read full report, here.

If husband and wife get their marriage registered under Special Marriage Act & under Parsi Marriage and Divorce Act, 1936 as well, would this require them to get nullity of marriage under both Acts or one? Court decides

G.S. Kulkarni, J., expressed that, there is no provision under legislations, that if a marriage between the same couple is annulled under a competent law as enacted by the Parliament, it can as well be of a legal effect in the corresponding enactment.

Read full report, here.

If husband brings home concubine due to which wife leaves house, would that lead to desertion by wife? Chh HC explains

The Division Bench of Goutam Bhaduri and Rajani Dubey, JJ., expressed that,

“If the husband keeps another lady; gives shelter to her; and proceeds to have child with the said lady and for that reason if the first wife has to leave the matrimonial home because of physical and mental torture meted out to her it cannot be presumed as a desertion on the part of wife.”

Read full report, here.

Can an Admin of a messaging service group be held criminally liable for the offensive content posted by member of a group? Kerala HC addresses

While addressing the question of whether the creator or administrator of a WhatsApp group is criminally liable for offensive content posted by a group member, Dr Kauser Edappagath, J., held that a person can be criminally liable for the acts of another if they are party to the offence.

Read full report, here.

Can flat owners be prevented from use of certain open spaces and facilities by builders? NCDRC answers

“The Common Area and Facilities remain undivided and no Apartment Owner or any other person shall bring any action for partition or division of any part thereof.”

Read full report, here.

If granting exclusion of time would help Corporate Debtor from liquidation, should NCLAT allow such exclusion? Here’s what NCLAT says

“If granting of 90 days helps the Corporate Debtor to revive, then the basic objective of the I&B Code, 2016 will be met. Liquidation is the last resort.”

Read full report, here.

Zee Insider Trading Case | In absence of direct evidence, matters of insider trading are to be tested on what grounds? SEBI lifts restrictions on 10 entities

“…considering the fact that in today’s age of technology with mushrooming applications that enable seamless calls and messages which provide service of end- to-end encryption assuring complete anonymity, it will be a simplistic assumption to state that the Entities would have communicated the UPSI with each other through the regular telephone calls only.”

Read full report, here.

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Let’s have a look at the most interesting legal stories reported this week on the SCC Online Blog from High Courts, Foreign Court to District Court.

“Islam is not about turban and beard.”

— Federal Court of Putrajaya

Hijab Case | When Karnataka High Court temporarily restrained students from wearing hijab, religious flags, saffron shawls, etc.: Read Court’s interim order || A Recap

While expressing that, “Endless agitations and closure of educational institutions indefinitely are not happy things to happen”, the Bench of Ritu Raj Awasthi, CJ and Krishna S Dixit and JM Khazi, JJ., restrained all the students regardless of their religion or faith from wearing saffron shawls (Bhagwa), scarfs, hijab, religious flags or the like within the classroom, until further orders.

Read more, here.

To Wear or Not to Wear? Precedents on dilemma of wearing ‘Headscarf’ from the Kerala High Court

In Nadha Raheem v. C.B.S.E2015 SCC OnLine Ker 21660, Kerala High Court’s Single Judge Bench in the year 2015 dealt with petitions by two female students belonging to the Muslim community contending that the dress code prescribed by the Central Board of Secondary Education (C.B.S.E) of wearing half sleeve kurta/salvar would prejudice them, as their religious custom mandates them to wear a headscarf and also full sleeve dresses.

Read more, here.

Is the Bhinder case relevant in Hijab ban row? Canadian SC’s decision in Rule conflicting with religious tenet of an employee

In this case, a work rule was introduced, as per which all the employees had to wear a hard hat at a particular work site, but Bhinder a Sikh employee refused to comply with the said rule because his religion did not allow the wearing of headgear other than the turban.

Read more, here.

Did You Know? What Bombay High Court held when a Muslim girl raised the issue that asking her not to wear a “headscarf” in school violates her fundamental right under Article 25 of the Constitution of India?

“A girl student not wearing the head scarf or head covering studying in exclusive girls section cannot be said to in any manner acting inconsistent with the aforesaid verse 31 or violating any injunction provided in Holy Quran. It is not an obligatory overt act enjoined by Muslim religion that a girl studying in all girl section must wear head-covering. The essence of Muslim religion or Islam cannot be said to have been interfered with by directing petitioner not to wear head-scarf in the school.”

Read more, here.

Did you know that 3 minor Muslim boys were expelled from school for not following dress code and for wearing “Serban” (turban) in Malaysia?

“…in a country with many religions being practised, to allow a regulation or law to be declared unconstitutional just because someone claims that it prohibits his “religious practice” no matter how trivial it is and even though in a very limited way, would lead to chaos.”

Read more, here.

Whether prohibition of ‘purdah’ is an infringement of constitutional right? What the Supreme Court of Kuala Lumpur (Federal Court of Malaysia) decided

“…there seem to be a myth or misconception by certain groups of Muslim in Malaysia regarding the wearing of purdah which covers the entire face except the eyes. They believe that it is one of the Islamic injunctions which must be followed strictly.”

Read more, here.

Uphaar Case | Manner in which judicial records tampered revealed well-planned & methodical attempt to subvert justice system: Suspending sentence of Ansal brothers would amount eroding faith of public? Read Del HC’s decision

Stating that the manner in which Court records tampered was insidious and revealed a well-planned and methodical attempt to subvert the justice system in order to escape conviction in the Main Uphaar Case, Subramonium Prasad, J., held that since the matter relates to tampering of judicial record, the same has to be decided expeditiously in order to ensure faith of the public in the judicial system.

Read more, here.

If Court finds that marriage failed due to incompatibility, but one of the parties withholds consent for mutual separation, would that be ‘Cruelty’? Kerala HC elaborates

Expressing that, “If the conduct and character of one party causes misery and agony to the other spouse, the element of cruelty to the spouse would surface, justifying grant of divorce”, the Division bench of A. Muhamed Mustaque and Sophy Thomas, JJ., held that, Court cannot leave the life of a spouse to the mercy of the opposite spouse.

Read more, here.

Teacher administering moderate and reasonable force to enforce discipline in classroom, can be exposed to criminal prosecution? Kerala HC answers

While explaining that inflicting corporal punishment on a Child by a parent or teacher is forbidden, Dr Kauser Edappagath, J., observed that,

“Hurt of a less serious crime is not forbidden when inflicted in the reasonable chastisement of a child by a parent or by a school teacher.”

Read more, here.

If a person keeps tobacco at residence, would that amount to being an offence? Ker HC answers

While addressing a matter for an offence alleged under Cigarettes and Other Tobacco Products Act, Juvenile Justice Act and Kerala Police Act, Dr Kauser Edappagath, J., expressed that mere keeping tobacco at residence would not amount to being an offence.

Read more, here.

Expression of a victim’s trauma or experience is his/her fundamental right which can only be curtailed if it falls under 4 broad categories: Read on to know categories | Alleged sexual harassment case of a ScoopWhoop employee

Patiala House Court, while addressing the alleged case of sexual harassment against the CEO of ScoopWhoop, wherein it sought an interim injunction, Court expressed that,

Expression of a victim’s trauma or experience is his / her fundamental right which can only be curtained it is falls under four broad categories i.e. “libel, slander, defamation”, “contempt of court”, “offends against decency or morality” and “undermines the security or tends to overthrow the State”. 

Read more, here.

High Court Round UpLegal RoundUp

“One of the basic tenets to be followed by every Hindu is tolerance. Tolerance must be his own community or religion and in particular, to also to every other religious practice.”[Paulraj v. District Collector, WP (MD) No. 1276 of 2020]

Here are some of the interesting Legal Stories from the Second Week of February 2022.

Bombay High Court

Law on Custody | 9-year-old child prefers to stay with mother’s father and his family members and shows animosity towards father: Whether father will get custody of child or not? Bom HC decides 

“At an impressionable age such articulation about the opposite party, in a custody battle, often affects the capacity to exercise an intelligible preference. It is quite possible that when a child spends time with a non-custodial parent, he may be disabused of such perception.”

Read full report here…

Employer setting big targets, not granting leave and not accepting resignation would be acts in normal course of business: Bom HC grants anticipatory bail to employer accused of abetting suicide committed by employee 

High Court remarked that the acts as mentioned like not providing a driver for vehicle, deceased being asked to stand for a meeting daily, etc. were not things that could be covered under the meaning of Sections 107 read with 306 IPC.

Read full report here…

Calcutta High Court

 14-yr old girl subjected to penetrative sexual assault by man who called her grand daughter: Is girl’s complaint vital to form basis of conviction? Cal HC explains

“In a case relating to sexual assault and rape, the evidence of the victim girl is very much vital and if found reliable can form the basis of conviction of the accused without seeking for further corroboration.”

Read full report here…

Kerala High Court

“Marrying a Christian man would not wipe off the benefit of reservation granted to a scheduled caste persons”, HC reiterates caste of a person is to be decided on the basis of birth

Kerala High Court held that marrying a Christian man would not wipe off the benefit of a reservation granted to scheduled caste persons.

Read full report here…

Madras High Court

“One of the basic tenets to be followed by every Hindu is tolerance. Tolerance must be his own community or religion and in particular, to also to every other religious practice”: Madras HC

“Fundamental Rights and Duties are sacrosanct and binding on the Courts which adjudicate issues relating to the religion.”

Read full report here…

Tripura High Court

Exclusion of married daughters from the die-in-harness scheme of the State Government discriminatory? Court discusses

“Marriage does not break the bond between a daughter and her parents as it does not do between a son and his parents. A crisis in the family of her parents equally worries a married daughter. As such, there is no rationale behind exclusion of a married daughter from the scheme.”

Read full report here…

District Court

Tis Hazari Court

Can an unemployed husband escape from his responsibility to maintain wife? Tis Hazari Court answers

“It is trite to state that it is the moral and legal obligation of the appellant (husband) to maintain his wife and provide her same comforts commensurate to his status and standard of living.”

Read full report here…

High Court Round UpLegal RoundUpTribunals/Regulatory Bodies/Commissions Monthly Roundup

“For a contract to be enforceable, the restraint of trade clause must be reasonable.”

[Rajesh Kumar Gandhi v. Mukesh Dutt]

Read the interesting picks from the stories eported in first week of February.

Delhi High Court

Baazi v. WinZo| Trademark is used by a manufacturer or service provider to distinguish products from those of competitors: Here’s how Winzo appeared dishonest and unfair in adopting Baazi

Explaining the significance of a trademark, Asha Menon, J., observed that,

When people are satisfied with the products supplied by a manufacturer or service provider, they buy them on the basis of the trade mark and over time it becomes popular and well known. Thus, the use of a similar or identical trademark by a competitor in the same product would lead unwary customers to believe that it originates from the same source.

Read full report here…

Whether a ‘blade’ would be covered under S. 397 IPC as a deadly weapon? Del HC explains in view of settled position of law

Mukta Gupta, J., explained under what circumstances would Section 397 of penal Code, 1860 would be attracted.

Rae full report here…

Court under maintenance proceedings under S. 125 of CrPC, can usurp jurisdiction of Civil Courts? Del HC decides

Chandra Dhari Singh, J., decided a maintenance case wherein the marital status of the parties was the crux of the matter and expressed that,

“…there is no straight jacket formula for judging the validity of the marriage between the parties.”

Read full report here…

Kerala High Court

Is not taking treatment for mental illness to bring out a peaceful family atmosphere a form of cruelty and thus, a ground for divorce? Kerala HC answers

In an interesting case the Division Bench of A.Muhamed Mustaque and C.R. Sophy Thomas, JJ., held that not taking treatment for mental illness in order to bring out a peaceful and harmonious family atmosphere can also be counted as cruelty to the persons at the receiving end. Upholding the Family Court’s order granting divorce on the ground of cruelty, the Bench remarked,

“There is no merit in preserving intact a marriage, when the marital tie becomes injurious to the parties. When there is no rose, and only thorns left, and there is no scope for the plant to sprout again, there is no meaning in watering the same, knowing that it is dead forever.”

Read full report here…

Andhra Pradesh High Court

LGBTQ+ community’s right to reservation; Can a transgender claim to be appointed by reservation in spite of failure to secure minimum cut off marks in screening test? AP HC answers 

In a significant case wherein, a transgender had approached the Court seeking benefit of reservation for appointment in police department, M. Satyanarayana Murthy, J., denied to issue direction to the State in favour of the petitioner. The Bench, however, remarked,

“The State is unconscious of the directions issued by NALSA and failed to provide a specific column meant for gender identity for transgender in the proforma of application in the Notification dated 01.11.2018 and did not provide any reservation to transgenders, as they are socially and educationally backward and not in a position to compete with ordinary men and women.”

Read full report here…

National Company Law Tribunal

Operational Creditor is under obligation to recover money from its client and not agent: NCLT decides while dismissing a petition filed under S. 9 IBC

The Coram of H.V. Subba Rao (Judicial Member) and Chandra Bhan Singh (Technical Member) dismissed a petition filed under Section 9 of the IBC while noting that no operational debt existed under Section 5(8) and expressed that,

“Operational Creditor being the principal was always under obligation to recover the money from the client and not from his agent unless the agent failed to perform his duties.”

Read full report here…

Tis Hazari Court

For a contract to be enforceable, restraint of trade clause must be reasonable: Post-termination non-compete clauses are permissible in employment contracts under S. 27 of Contract Act? District Court explains

Holding that, post-termination non-compete clauses in employment contracts are “restraint of trade” and it is impermissible under Section 27 of the Act, Richika Tyagi, C.J-02, expressed that such agreements of restraint are vid because of being unfair and depriving an individual of his or her fundamental right to earn a living.

Read full report here…

Information Commissioner’ Office

Unsolicited marketing calls causing distress to people and disregard to their privacy rights: Would it lead to imposition of monetary penalty? Detailed decision of Information Commissioner’s Office

Andy Curry, Head of Investigations, on noting serious contravention of regulations 21 and 24 of the Privacy and Electronic Communication Regulations 2003 (PECR) has issued Home2sense Limited with a monetary penalty under Section 55A of the Data Protection Act, 1998.

“Home2sense’s dismissive and troubling response, coupled with its failure to disclose any details of its CDRs or any other information which might assist the Commissioner’s investigation shows, in the Commissioner’s view, a complete disregard for the privacy rights of the individuals whom it sought to contact.”

Read full report here…

High Court Round UpLegal RoundUpTribunals/Regulatory Bodies/Commissions Monthly Roundup

Here are some of the interesting Legal Stories from the Last Week of January 2022

Can a girl be treated as property and given in donation? Bom HC addresses in light of “Daanpatra” executed by father of a daughter

“When the girl as per her own statement is minor, then why the father who is in all respect guardian of the girl should give the girl as Daan? A girl is not a property which can be given in donation.”

Read Full Report, here…

Whether denial of conjugal rights to a prisoner amounts to violation of Art. 21 of the Constitution of India?  Madras HC answers in light of “extraordinary circumstances”

Expressing that, a convict cannot enjoy all the liberties as are available to a common person, otherwise there would no difference between a law-abiding citizen and a law-violating prisoner, the Division Bench of Munishwar Nath Bhandari, ACJ and Pushpa Sathyanarayana and P.D. Audikesavalu, JJ., held that,

The leave for a specific purpose which may be for undergoing infertility treatment, as such, may not be considered for having conjugal relationship in common parlance, but for extraordinary reason, thus we (High Court) can safely hold that the 1982 Rules itself protect the rights of the prisoner guaranteed under Article 21 of the Constitution of India to the extent it is required.

Read Full Report, here…

Can a Kazi adjudicate disputes like a Court and pass an order like a decree? MP HC answers

If a Kazi entertains a dispute and acts as a mediator to settle the dispute between the members of the community that would be permissible, but he cannot adjudicate the dispute like a court and pass an order like a decree.

Read Full Report, here…

Minor treated for “Measles” instead of “Stevens-Johnson Syndrome” due to wrong diagnosis and leading to medical negligence: Read detailed report on NCDRC’s decision

The patient at her young age of 12 years suffered very serious and potentially fatal SJ syndrome. It was the patient’s sheer good luck that she survived in spite of such grossly inappropriate/inadequate treatment at every stage.

Read Full Report, here…

Is there any provision under Cenvat Credit Rules, 2004 or Finance Act, 1994 for reversal of CENVAT credit for services provided for which no consideration is received by an assessee? CESTAT analyses

CENVAT Credit Rules or Finance Act there was no provision for reversal of CENVAT credit for the services provided for which no consideration for service provided was received by an assessee.

Read Full Report, here…

Once Adjudicating Authority approves Resolution Plan, does it still remains a confidential document? Read what NCLAT says

Justice Ashok Bhushan (Chairperson) and Dr Ashok Kumar Mishra (Technical Member) expressed that, once Resolution Plain is approved by the Adjudicating Authority, it no longer remains a confidential document, so as to preclude Regulator and other persons from accessing the said document.

Read Full Report, here…

High Court Round UpLegal RoundUpTribunals/Regulatory Bodies/Commissions Monthly Roundup

Some of the most interesting legal stories from Week 1 of January, 2022

‘Auspicious Time’ not there, Wife refuses to return to matrimonial home | Chhattisgarh High Court

“… despite efforts taken by the husband to restore the matrimonial home, the wife did not cooperate and under the guise of auspicious time to return, she continued at her maternal home.”

Read full report here…

“Overseas Wife”, Husband visited wife for few days on yearly visits | Delhi High Court

“…every marriage, where the couple stays apart from each other for work or other obligations consensually, is a broken one.”

Read full report here…

Right to Relax in danger?

Madras High Court expresses that, Suspicion that immoral activities are taking place in massage centres cannot be reason enough to intrude into an individual’s right to relax for it intrinsically is part and parcel of his fundamental right to privacy.

Read full report here…

Does Workmen’s Compensation Act, 1923 prohibits payment of compensation to a minor?

Bombay High Court decides whether the Insurance Company can be absolved of its liability to pay compensation under the Employees Compensation Act, 1923, if the employee who has succumbed to an accident which took place during the course of employment, is a minor?

Read full report here…

Future Retail seeking to terminate arbitration proceedings with Amazon: Read what Del HC decided

An adjournment at the last minute cannot be sought in respect of international commercial arbitration of this magnitude, involving arbitrators, counsels and experts from different jurisdictions.

Read full report here…

Foetus with severe cardiac anomaly, but pregnancy beyond 24 weeks: Can termination of pregnancy be permitted?

While explaining whether a pregnant woman can seek termination of pregnancy beyond 24 weeks, Delhi high Court found the mental health of the petitioner to be an essential factor for allowing termination of pregnancy.

Read full report here…

Dr Subramanian Swamy’s plea that Air India’s Disinvestment is arbitrary, illegal, corrupt: 5-pointer report of Delhi HC decision

Delhi High Court dismissed Dr Subramanian Swamy’s plea stating that any delay in the process of disinvestment of Air India would cause loss to public exchequer, besides creating uncertainty amongst the existing employees.

Read full report here…

Can a wife be forced to cohabit and establish conjugal rights? Gujarat High Court

A marriage between Mohammedans is a civil contract and a suit for restitution of conjugal rights is nothing more than an enforcement of the right to consortium under this contract.

Read full report here…

Apple charging a commission of up to 30% on all payments made through its in-app purchase system, is a violation of its dominant position? Read what the Competition Commission of India states

Some consumers may have a preference for a closed ecosystem like Apple and others may have a preference for open ecosystems like that of Google.

Read full report here…

Case BriefsHigh Court Round UpLegal RoundUp

The most important and eye-catching legal stories of the year 2021. Dive your way through these pertinent decisions into 2022.

Legal Trajectory | DABUS and Artificial Intelligence System an Inventor or not?

Artificial Intelligence Machine, can it be granted a patent for its own invention? Demystifying grant of patent to Artificial Intelligence Machine

Marcus SmithJ. explained exhaustively whether an ‘Artificial Intelligence Machine’ DABUS can be categorized as an inventor and granted patent or not.

“merely inventing something does not result in a patent being granted to the inventor.”

Read Full Report…

Here’s how DABUS an Artificial Intelligence System was given status of an “Inventor” | Federal Court of Australia’s exhaustive decision on whether a non-human can be named as an inventor

While addressing the question of whether Artificial Intelligence Systems can be an inventor for the purposes of the Patent Act 1990 (Cth), Beach J, expressed that:

If the output of an artificial intelligence system is said to be the invention, who is the inventor? And if a human is required, who? The programmer? The owner? The operator? The trainer? The person who provided input data? All of the above? None of the above? In my view, in some cases it may be none of the above. In some cases, the better analysis, which is consistent with the s 2A object, is to say that the system itself is the inventor. That would reflect the reality. And you would avoid otherwise uncertainty. And indeed that may be the case if the unit embodying the artificial intelligence has its own autonomy. What if it is free to trawl the internet to obtain its own input or training data? What about a robot operating independently in a public space, having its own senses, learning from the environment, and making its own decisions? And what about the more exotic, such as a mobile unit on Mars left to its own devices and not seeking instructions from Earth?

Read Full Report…

Everything you need to know on why AI Machine can’t be “Inventor”: US District Court rules AI still to reach sophistication to satisfy meaning of inventorship

Leonie M Brinkema, J., observed that,

Congress’s use of the term “individual” in the Patent Act strengthens the conclusion that an “inventor” must be a natural person.

“As technology evolves, there may come a time when artificial intelligence reaches a level of sophistication such that it might satisfy accepted meanings of inventorship. But that time has not yet arrived, and, if it does, it will be up to Congress to decide how, if at all, it wants to expand the scope of patent law.”

Read Full Report…

Pakistan High Court and Lahore High Court on Virginity Tests

“Virginity tests are invasive, offensive, and discriminatory and blatantly violate the dignity of a woman” – Justice Ayesha A. Malik || Detailed Report

While deliberating upon the writ petitions challenging the use and conduct of ‘virginity tests’ especially “Two-finger Test” and “Hymen Examination” in cases of rape and sexual abuse, Ayesha A. Malik, J., held that the virginity tests, carried out for the purposes of ascertaining the virginity of female rape or sexual abuse victim, is unscientific and has no medical basis, therefore it is of no forensic value in cases of sexual violence. It was further held that the virginity tests offend the personal dignity of the female victim and therefore is against the right to life and right to dignity enshrined in Articles 9 and 14 of the Constitution of Islamic Republic of Pakistan, 1973.

Read Full Report…

Pak SC comes down heavily on virginity tests. Holds that dragging sexual history of the rape survivor in a case, by making observations about her body, is unconstitutional

 In a significant decision, the 3 Judge Bench of the Court comprising of Manzoor Ahmad Malik, Mazhar Alam Khan Miankhel and Syed Mansoor Ali Shah, JJ., while deliberating upon issues revolving around the scientific veracity of virginity tests to ascertain rape and questioning a woman’s sexual history in order to discredit her witness; held that a woman irrespective of her sexual character or reputation, is entitled to equal protection of law. The courts should discontinue the use of painfully intrusive and inappropriate expressions, like “habituated to sex”, “woman of easy virtue”, “woman of loose moral character”, and “non-virgin”, for the alleged rape victims even if they find that the charge of rape is not proved against the accused. Such expressions are unconstitutional and illegal.

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 Apple: Operating an Illegal Monopoly?

 Apple: A monopolist under Federal or State Law? A win for Epic or Apple? Read to know

While issuing a permanent injunction, stating Apple could no longer prohibit developers linking to their own purchasing mechanisms, Yvonne Gonzalez Rogers, J., held that Epic Games failed to show how Apple Inc. was operating an illegal monopoly.

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Snapchat post fiasco

 “America’s public schools are nurseries of democracy”- SCOTUS rules in favour of student suspended for her off-campus improper Snapchat posts criticising the school

The Court by an overwhelming majority of 8:1 held that a student’s suspension from school’s cheerleading squad because of her off-campus Snapchat posts expressing her frustration with the school, violates such student’s Freedom of Speech and Expression as enshrined within the First Amendment. The Court observed that while public schools may have a special interest in regulating some off-campus student speech, the special interests offered by the Mahanoy Area High School are not sufficient to overcome B.L.’s interest in free expression in this case. The majority consisted of John Roberts, CJ., Stephen Breyer, Samuel Alito, Sonia Sotomayor, Elena Kagan, Amy Coney Barret, Brett Kavanaugh, Neil Gorsuch, JJ.

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 8:1 Majority in Child Slavery Case

 Whether Nestlé and Cargill will be liable for child slavery? SCOTUS decides in 8-1 majority ruling

 In 8-1 majority, Thomas, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I and II, in which Roberts, CJ., and Breyer, Sotomayor, Kagan, Gorsuch, Kavanaugh, and Barrett, JJ., joined, and an opinion with respect to Part III, in which Gorsuch and Kavanaugh, JJ., joined. Gorsuch, J., filed a concurring opinion, in which Alito, J., joined as to Part I, and in which Kavanaugh, J., joined as to Part II. Sotomayor, J., filed an opinion concurring in part and concurring in the judgment, in which Breyer and Kagan, JJ., joined. Alito  J. filed a dissenting opinion.

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 Woman’s choice to Abort

Texas Legislation imposing a “near-complete ban on abortions” gets a green signal as SCOTUS declines to grant any relief on the matter

 In a significant decision which can have major repercussions on a woman’s choice to abort in the United States, the full bench of SCOTUS, with a ratio of 5:4, declined to block the Texas law which imposes a near complete ban on abortions. The majority consisted of Amy Coney Barrett, Brett Kavanaugh, Samuel Alito, Neil Gorsuch and Clarence Thomas, JJ.

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Privacy Claim by Meghan Markle

The Duchess of Sussex, Meghan Markle obtains a significant victory in a privacy claim against Associated Newspapers || Detailed Report

It was a significant victory for the Duchess of Sussex and noted actress Meghan Markle when the Court ruled in her favour while deliberating on the question that whether Associated Newspapers misused her private information and committed breach of her data protection rights with regards to the Letter to her father. It was held that the Duchess had a reasonable expectation that the contents of the Letter would remain private and that The Mail Articles interfered with that reasonable expectation.

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Man with autistic disorder expresses desire to engage in sexual relations

To have capacity to decide to have sexual relations with another person, does a person need to understand that the other person must have the capacity to consent to the sexual activity and must in fact consent before and throughout the sexual activity?

While expressing that, the fact that the other person must have the ability to consent to the sexual activity and must in fact consent before and throughout the sexual activity applies to everyone in society, Bench of Lord Briggs, Lady Arden, Lord Burrows, Lord Stephens and Lady Rose, JJ., laid down a very detailed decision on ‘consent’ with respect to sexual relations and the catch in the present matter was the diagnosis of autistic disorder of the appellant.

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 Liability of Tour Operator

Is tour operator liable for rape of tourist by hotel employee? Read UKSC’s ruling on how to interpret package travel contract

Supreme Court of the United Kingdom, while unanimously allowing the appeal held that,

Tours and Travel Company undertook to provide a package holiday at a four-star hotel. The Court stated the same to be an integral part of a holiday of such a standard that hotel staff provide guests with assistance with ordinary matters affecting them at the hotel as part of their holiday experience. It includes guiding guests from one part of the hotel to another. The rape and assault of the appellant amounted to a failure to provide that service with proper care.

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Advance Rulings

 Packed Paratha: Do they attract GST? Gujarat AAR decides

Whether various kinds of ‘parathas’ supplied would attract 5% GST in line with ‘khakhra’, plain chapati or ‘roti’? Explained

Emphasizing that ‘Paratha’ is not ready-to-cook products, the Bench of Sanjay Saxena and Arun Richard (Members) held that GST rate of 18% will be applicable.

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 GST on Hostel Rent? MahaGST decides

 Whether activity of providing hostel to students on rent is taxable or not? If yes, under which exemption

The Bench of Rajiv Magoo, Joint Commissioner of Central Tax and T.R. Ramnani, Joint Commissioner of State Tax decided that GST is exempted on Hostel Rent of less than Rs 1000 per day per student. 

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Major High Court Rulings

 ‘Eliminating competition in business using writ jurisdiction not permissible’

Whether a competitor can prevent a rival from exercising right to carry on business?

Allahabad High Court reiterated the settled position that in normal course it is not open for a person to seek to prevent a rival from exercising the right to carry on business.

Competition in a trade or business may be subject to restrictions as are permissible and as may be imposed by a law enacted in the interests of the general public. However, independent of any such restriction, a person cannot claim that no other person shall carry on business or trade so as to adversely affect his trade or business.

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Publication of Notice of Intended Marriage under Special Marriage Act: Mandatory?

“Cruel, unethical to force present generation to follow 150 yrs old customs, traditions which violate fundamental rights”

Vivek Chaudhary, J., held that while giving notice under Section 5 of the Special Marriage Act, 1954, it shall be optional for the parties to the intended marriage to make a request in writing to the Marriage Officer to publish or NOT to publish a notice under Section 6 and follow the procedure of objections as prescribed under the Act.

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 Judicial Magistrate to remain careful while passing Judicial Orders

“If a Judge makes a mistake, then from where will the general public get fair justice”

Allahabad High Court expressed that:

“At the present time, only from the temple of justice like Courts, everyone hopes for right and fair justice.”

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Father’s Right on preserved sperm of son

Does a father entail a ‘fundamental right’ on the preserved sperm of his son after his demise? HC answers

Calcutta High Court addressed the issue of whether in the father-son relationship if the father has the fundamental right to the preserved sperm of the son after his demise.

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 Proper recognition of the rights of the LGBTQIA+ community

Madras HC Judge “removes Lordship’s hat” for framing guidelines for proper recognition of LGBTQIA+ rights, acknowledges “gurus” for pulling him out of darkness of ignorance

Anand Venkatesh, J., issued interim directions for proper recognition of the rights of the LGBTQIA+ community and to ensure their safety and security to lead a life of their choice.

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POCSO Act: Does it brings in cases where adolescents involved in romantic relations are concerned?

‘High time to amend POCSO Act considering cases where adolescents in grip of their hormones involve in romantic relationship’

Madras High Court while addressing a matter revolving around the POCSO Act expressed that:

“What came to be a law to protect and render justice to victims and survivors of child abuse, can, become a tool in the hands of certain sections of the society to abuse the process of law.”

The scheme of the POCSO Act clearly shows that it did not intend to bring within its scope or ambit, cases of nature where adolescents or teenagers involved in romantic relationships are concerned.

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 Viewing ‘Child Pornography’ is an offence?

Is there a distinction between a one-time consumer of ‘child pornography’ and someone who distributes and transmits it on a digital domain?

“It is obvious that the moment one steps into digital space, one comes under the surveillance either of the State or those manning the social networking sites. If one is zealous about privacy, the only option is to stay outside such networks. Of course, in the current world, it is not a viable option.”

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Exhaustive analysis of an elephant’s bonding with caretaker

While protecting an elephant from psychological wound, HC disallows removal of ‘Lalitha’ from caretaker’s custody

 Madras High Court stated that, retention of custody of an Elephant named ‘Lalitha’ to her caretaker with whom she had stayed for almost 20 years and had an emotional bonding observed that,

“Just solutions to legal issues may sometimes lie outside the formal statutory framework. Judges should therefore boldly think outside the box and not feel inhibited or timid.”

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 Is using of National Flag as a table cloth Sedition?

 Gauhati High Court grants bail to the woman accused of willfully dishonouring the National Flag.

“It did not prima facie suggest to be an act to have the affect of subverting the Government by bringing that Government into contempt or hatred or creating disaffection against it.”

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Evidentiary value of WhatsApp Messages

Whatsapp messages do not have any evidentiary value in the absence of certificate under S. 65B of Evidence Act

In an interesting case regarding regular bail, Punjab and Haryana High Court held that WhatsApp messages do not have any evidentiary value in the absence of certificate under Section 65B of Evidence Act, 1872.

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Publishing a newspaper report regarding sexual assault incident

A Newspaper report about sexual assault incident along with sum and substance of FIR lodged with no disclosure of victim’s name. Will defamation provision under Ss. 500 or 501 IPC be applied on the publisher, editor, etc.?

“…publishing of newspaper report of facts of lodging of an FIR cannot be said to be defamatory, especially when the FIR has been lodged by the victim herself.”

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Recommendations of Human Rights Commission are binding on Government, legally enforceable

‘Amend! Make Human Rights Act a Complete Code’, HC suggests to collective wisdom of Parliament

A Full Bench of S. Vaidyanathan, V. Parthiban and M.Sundar, JJ. held that the recommendation of the Human Rights Commission made under Section 18 of the Protection of Human Rights Act, 1993 (“Human Rights Act”) is binding on the Government or the Authority concerned. The Government is under a legal obligation to forward its comments on the Report including the action taken or proposed to be taken to the Commission in terms of sub-clause (e) of Section 18. Therefore, the recommendation of the Human Rights Commission under Section 18 is an adjudicatory order which is legally and immediately enforceable.

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 Communal Separation at Temple?

 Temple shall not be a place for perpetuating communal separation leading to discrimination

Madras High Court observed that, God does not recognize any community. It only recognizes a human being, who goes there to pray.

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Toon Controversy

Cartoonist wanting to express anger, cannot be construed as defamation: Madras HC quashes criminal case against cartoonist, says cannot teach ethics to people

Just like, any other citizen, a cartoonist is also bound by the law and in the form of a cartoon, he cannot defame anyone, this is the settled position of law.

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Menace due to Online games

Ban Online Games or not? Read HC’s opinion on not entering into such matters. Is it a policy matter?

Madras High Court while addressing a matter with respect to menace being caused due to online games expressed its opinion whether the Court can ban the same or not.

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Attempt to Rape

 No disrobing, no penetration; will nudging and putting the victim to ground amount to attempt to rape?

Meghalaya High Court has held that the ingredients that are to be seen existing in an allegation of attempt to rape is that there must be firstly an intention to commit, then preparation to commit it and thirdly, to commit it.

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Posthumous child in mother’s womb

A Posthumous child who was still in his mother’s womb while his father passed away, would he be entitled to compassionate appointment on attaining majority under Rules of 1974?

Allahabad High Court addressed an issue with regard to whether a posthumous child is entitled to compassionate appointment under Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974.

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 Validity of Child Marriage

If a minor girl marries a major of her free will, will such marriage be void or voidable?

Allahabad High Court directed that the minor in the instant case who stated that she married the accused of her free will, be housed in a State facility or shelter home which shall be other than a Nari Niketan or a home meant for delinquents, till she attains the age of eighteen years.

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 Judiciary a Policy making instrument?

Judiciary – The policy-making instrument on issues relating to marriage conversion and acceptability in terms of personal laws?

Calcutta High Court held that the Judiciary is not the policy-making instrument on issues regarding conversion of marriage in terms of personal laws, though it may sit in Judgment on the validity, the enforceability of any piece of law made by a legislative body.

Read Full Report here…

 Artificial Ripening of Fruits

Gauhati High Court considers health hazards; lays down detailed guidelines to ensure chemical-free ripening of fruits

In an interesting case of PIL concerning artificial ripening of fruits, Court stated,

“Although appropriate steps had been taken and authorities are not oblivious to the impending problem, but what has been done till now cannot be said to be adequate or that it had led to the eradication of the problem.”

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 Maternity leave for Contractual Employees

Whether a contractual woman employee is entitled to avail of maternity leave in case of a surrogate child?

 Himachal Pradesh High Court stated that,

to distinguish between a mother who begets a child through surrogacy and a natural mother, who gives birth to a child, would result in insulting womanhood and the intention of a woman to bring up a child begotten through surrogacy. Motherhood never ends on the birth of the child and a commissioning mother cannot be refused paid maternity leave. A woman cannot be discriminated, as far as maternity benefits are concerned, only on the ground that she has obtained the baby through surrogacy.

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 Government bungalows are Public property

Jammu and Kashmir High Court directs State to ensure eviction of unauthorised occupants from Government accommodation

The Division Bench of the Court had heard the instant PIL, directed to be registered by the Court on its own motion in terms State of J&K v. Mir Saifullah, CM No.4613 of 2020. The instant petition was regarding unauthorized/ illegal occupation of Government accommodation by the erstwhile allottees in the Union Territory of Jammu and Kashmir.

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 Child born out of a live-in relationship

Status of Children in a live-in relationship & mother’s decision to recognize fatherhood of child

Kerala High Court held that:

“…woman in a live-in-relationship, acknowledging the biological father of the child, out of such a relationship, will have to be treated as a married woman for the purpose of Juvenile Justice.”

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Muslim women’s right to Khula (extra-judicial divorce) revived; Patriarchal decision in K. C. Moyin overruled

Kerala High Court addressed the controversial question regarding rights of Muslim women, i.e.  Have Muslim women lost their right to invoke extra-judicial divorce, after the coming into force of the Dissolution of Muslim Marriages Act, 1939? A number of women had approached the Court for seeking to validate their extra-judicial divorce by obtaining a declaration to that affect. The Bench expressed,

“These cases speak in abundance about the patriarchal mind-set followed in the Society for decades depriving Muslim women their right to invoke extra-judicial divorce. The above sketch the miseries of women despite the promise guaranteed under Article 14 of the Constitution of India.”

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 CAs Right to Practice

Can ICAI refuse to recognize retirement of CA from a firm?

Kerala High Court pronounced a landmark judgment regarding right to practice of Chartered Accountants. The Bench held,

“The decision of ICAI not to recognize and record the retirement of the petitioner from ‘M/s. R. Kumar and Associates’ will therefore cause unnecessary and unwarranted hindrance to the professional advancement of the petitioner. It will offend the fundamental right of the petitioner to practice a profession freely, guaranteed to him under Article 19(1)(g) of the Constitution of India.”

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Little girls are worshipped in our country, but cases of pedophilia are increasing”: HC says it’s time to strictly stop this kind of crime

The victim/female small child experience sexual abuse once tend to be more vulnerable to abuse in adult life. Healing is slow and systematic. In such a situation, if the right decision is not taken from the Court at the right time, then the trust of a victim/common man will not be left in the judicial system. This is the time to strictly stop this kind of crime.

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 Unnatural Sex by Husband

“Sexual intercourse by husband would not constitute an offence of rape even if it was by force or against her wish”; Can a wife initiate proceedings against her husband for unnatural sex under S. 377 IPC?

“…charge framed under Section 377 of the IPC cannot be said to be erroneous at the stage of framing of charge, especially, in terms of Section 377 of the IPC where dominant intention of the offender is to derive unnatural sexual satisfaction by repeatedly inserting any object in the sex organ of the victim and consequently deriving sexual pleasure, such act would constitute as carnal intercourse against the order of nature and such act would attract the ingredient of offence under Section 377 of the IPC.”

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 Marital Rape

Is marital rape a form of cruelty? Can it be a ground for divorce? HC examines

Treating wife’s body as something owing to husband and committing sexual act against her will is nothing but marital rape.

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Right to be Forgotten

Madras HC decides whether redacting names of acquitted persons from court record is possible

The peculiarity of seeking redaction of the name of accused persons who have been acquitted, has essentially gained significance due to the development of science and technology that has virtually brought everything under the sky to the fingertips of any person who may have access to the internet. The search engines provide information about any person and whatever information is available in the “Cloud” can be accessed by anyone.

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 Astrology v. Science

Can Courts direct citizens to stop believing in astrology? Read Madras HC’s opinion

 “…there are some matters in which exact answers may not be available as the only known intelligent life form in the universe endeavours to grapple with the unknown.”

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 Girl Indulging in Carnal Activities with a boy

In India, a girl would not indulge in carnal activities with boys just for enjoyment, unless the same is backed by some future promise; Court denies bail in allegation of rape

“…a boy who is entering into a physical relationship with a lass must realize that his actions have consequences and should be ready to face the same as it is the girl who is always at the receiving end because it is she who runs the risk of being pregnant and also her ignominy in the society, if her relationship is disclosed. You just cannot plead consent on the part of the prosecutrix and laugh all the way to your home.”

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 Miminum Wages applicable to a ‘Math’?

Whether Minimum Wages Act, 1948 will be applicable to a ‘Math’? In what circumstances can State be permitted to interfere? AP HC explains

Temple and Math are both religious institutions, but the purposes for which they are established and the manner in which they function are clearly specified in Section 2(17) of  A.P. Charitable and Hindu Religious Institutions & Endowments Act, 1987 Act.

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 Rumourous Tweet

Will a rumourous tweet make one legally liable even when one deletes it on coming to know it to be untrue? HC decides

“A perusal of the petitioner’s tweet would reveal that it begins with words “JUST HEARD”, meaning thereby that what was uploaded by him was just heard by him and he had no personal knowledge of the same respondents and this subsequent conduct of the petitioner also makes it ample clear that the said tweet was uploaded in a good faith without any criminal intention to generate the consequences as provided by section 505 RPC.”

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 Legitimacy of a Child

Can DNA test be conducted to determine legitimacy of a child in a divorce petition without the child being on the party array? HC answers

“The illegitimacy or paternity of the child is only incidental to the claim for dissolution of marriage on the ground of adultery or infidelity. The child’s presence is not necessary to adjudicate the relief claimed.”

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Fake Lawyer

“If leniency is taken, just considering the fact that she is a young lady, it will be a shame for the whole judicial system”; HC dismisses bail application of infamous fake lawyer

“The illegal activities adopted by her that too before the court of law has to be dealt with an iron hand. If leniency is taken, just considering the fact that she is a young lady, it will be a shame for the whole Judicial system and would shake the confidence of the public in judicial system.”

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Supreme Court Benches 

Madras HC on setting up Benches of Supreme Court: An Indian, from a far-flung corner, has been unable to approach great Citadel of Justice, hailed as the ‘sentinel on the qui vive’ 

“Litigants are compelled to accept the wrong orders in view of inaccessibility to New Delhi and the exorbitant expenses towards engaging a counsel.”

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 IT Rules, 2021

‘Oversight mechanism to control media by Govt. may rob media of its independence’: Madras HC’s prima facie observation

The Division Bench of Sanjib Banerjee, CJ and P.D. Audikesavalu, J., prima facie observed that an oversight mechanism to control the media by the government may rob the media of its independence and fourth pillar, so to say, of democracy may not at all be there. The High Court was hearing a challenge to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

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Mumbai Cruise Drugs Case

 Bom HC grants bail to Aryan Khan, 2 others: Read the fourteen bail conditions

Nitin W. Sambre, J., grants bail to accused Aryan Shah Rukh Khan, Arbaaz A. Merchant and Munmum Dhamecha while laying down 14 conditions.

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 Restaurant with liquor license in the vicinity of a School

Our educational institutions are so weak that they would fear that students would get adversely affected if a restaurant having liquor license was in school’s vicinity: Is it true? Bom HC finds out

An educational institute certainly contributes in creating ideal citizens. Human virtues and morals can never remain the same. It is thus more important that an endeavour of an educational institution should be to impart such education, so that the basic human values and good virtues are inculcated in the students, to make them ideal citizens.

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Prohibition to carry drinking water in Cinema Hall

Cinema owners are liable to pay compensation for not providing free potable & pure drinking water? | Madras HC Decision

“Cinema Hall, which seeks to prohibit carrying of drinking water inside the Cinema Hall for security reasons, must necessarily provide free potable and pure drinking water”

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Putting penis into mouth will fall under which category – Aggravated Sexual Assault or Penetrative Sexual Assault?

Allahabad High Court while addressing a matter of child sexual assault, expressed that,

Putting penis into the mouth does not fall in the category of aggravated sexual assault or sexual assault. It comes into the category of penetrative sexual assault which is punishable under Section 4 of POCSO Act.

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Driving under influence of alcohol

Know the 9 directions that Police Officers have to follow on finding vehicle being driven under influence of alcohol

Lakshman, J., while addressing a very pertinent issue expressed that,

Intention of the Legislature is to reduce the accidents and deaths that may be caused due to driving of vehicles in intoxicated condition, and it is not the intention to harass the owners of the vehicles by detaining the vehicles for days together.

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Murder of Wife and 4 Minor Daughters

Man murdered wife and 4 minor daughters and burned them. Will this case fall under rarest of rare category? Allahabad HC decides

Allahabad High Court upheld the capital punishment of a man who murdered his wife and four minor daughters.

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RoundUps’ of the Year 2021

Year-End Round-Up of District Courts | From #MeToo Verdicts, ICICI — Videocon Scam, Toolkit Case to Delhi Riots: Get a Glimpse of it All

Media Trial, Sexual Assault, Judicial Over-Reach, Hate Speech, COVID-19 Updates and much more covered in over 90 topics | Bombay High Court’s Year-End Roundup 2021

Delhi High Court’s Exhaustive Year-End RoundUp | Amazon v. Future Retail, Rakesh Asthana’s appointment, Feeding of Stray Dogs, 5G Technology, Delhi Riots & more


District CourtLegal RoundUp

As we are approaching the end of 2021, let’s dive in to know all the important decisions that District Courts of India delivered along with some decisions on very important settled laws.

Top Stories

ICICI – Videocon Scam

‘It APPEARS that Chanda Kochhar has misused her official position in sanctioning loans to Videocon Group’: Read Court’s order issuing process against the former MD & CEO of ICICI Bank

Sessions Court, Greater Bombay issued summons, being of the prima facie opinion that Chanda Kochhar, Former MD and CEO of ICICI Bank may have misused her official position in sanctioning loans to Videocon Group and got illegal gratification through her husband.

Read more…

MJ Akbar v. Priya Ramani | #MeToo

Woman has a right to put her grievance at any platform of her choice even after decades || No defamation case against Priya Ramani

Rouse Avenue Court, New Delhi in an essentially significant decision revolving around the #MeToo movement, acquitted Priya Ramani (accused) and held that no case under Section 500 of the Penal Code, 1860 was found against her.

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State v. Tarun Tejpal | #MeToo

Destruction of crucial evidence, calculated narrative, conduct not natural of rape victim, et al.: 22-pointer comprehensive analysis of the 527-pages judgment of Sessions Court acquitting rape-accused Tarun Tejpal

District and Sessions Court at Panaji,  after a trial which went on for 7 years 2 months and 25 days, Kshama M. Joshi, Additional Sessions Judge, Mapusa, acquitted Tarun Tejpal, former Editor-in-Chief of Tehelka, who was accused of committing rape on a journalist working with Tehelka. The court gave benefit of doubt to accused, noting major lapses in investigation and major contradictions/improvements in testimony of the prosecutirx. The incident is of 2013 which allegedly happened during the annual THiNK Fest of Tehelka organised in Goa.

Read more…

Toolkit Case

Freedom of speech includes ‘Right to seek a Global Audience’, Court draws distinction between dissenting opinion & seditious activities: Bail Granted to Disha Ravi || Detailed report

Law prescribes only such activities would be intended, or have intended, or have a tendency, to create disorder or disturbance of public peace by resort to violence. ‘Violence’ seems to be the gravamen of the charge.

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Delhi Riots

Delhi Court held that Umar Khalid cannot be permitted to remain behind bars in the present case on the basis of such a sketchy material against him and added that he cannot be made incarcerate in jail for infinity merely on account of the fact that other persons who were part of the riotous mob were to be identified and arrested in the matter.

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“Court is not insensitive towards the mental agony and the financial loss suffered by the complainant due to this incident. However, the sensitivity or the emotions alone are not the factors to be taken into consideration by the court while deciding the fate of any accused. These cannot take place of evidence. There should be sufficient and legally admissible evidence on the basis of which charges can be framed against an accused, which is lacking in the instant case.”

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Consumer Protection

State Consumer Dispute Redressal Commission, Odisha modified the compensation amount awarded to a Law Student in light of being subjected to ‘Deficiency of Service’ and ‘Unfair Trade by ‘Amazon’.

District Consumer Disputes Redressal Commission-II, Hyderabad ordered More Megastore Retails Ltd. to payback Rs 3 (with interest) that were charged from the complainant as the cost of the carry bag with company’s name and logo printed on it. The Commission also ordered More Megastore pay a compensation of Rs 15,000 to the complainant.

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Retailers/shopkeepers charging for plastic/paper/cloth carry bags with their Brand logos printed on them for which the consumers have to shell out extra amount from their pocket is not only unfair trade practice but also undue profiteering at the expense of the common man.

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Any dereliction, negligence on the part of the editor, publisher of the newspaper would cause severe damage to the safety of the public, harmony among communities in the society. Public peace and tranquillity is the prime issue to be maintained in the civilized society.

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Crypto frauds

KYC is the responsibility of the intermediary and cannot be left to the individuals be it institutional transfer or person to person trade, with the intermediary shying away from the responsibility to ensure legitimacy of the source of money and establishment of real identity of the parties.

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Sessions Court, Jammu and Kashmir denied anticipatory bail to the person accused of obstructing the vaccination drive and spreading rumours regarding the vaccination.

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“Opinions can never substitute facts and for creation of an offence, certain facts constituting the offence need to be disclosed and not the mere possibilities as has been done in the present matter.”

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Red Fort Violence

Tis Hazari Courts, Delhi granted bail to a person alleged of inciting violence at Singhu Border and Red Fort in respect to the Farm Laws.

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Tis Hazari Courts, Delhi granted bail to the applicant Boota Singh, accused of inciting violence and disturbing law and order at Red Fort during Republic Day protest against controversial farm laws.

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Tis Hazari Courts, Delhi granted bail to the applicant Maninder Singh, accused of severely attacking and assaulting policemen on duty with his sword near the main entrance of Red Fort during Republic Day protest against controversial farm laws.

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Tis Hazari Courts granted bail to an accused Lakhbir Singh in Republic Day Violence, while noting that he had already joined the investigations and produced his mobile phone and disclosed that it was the same mobile phone which was being used by him on 26th January for recording videos and further uploading the same on his Facebook page.

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Hate Speech

“Freedom of speech has to be an integral part of any democratic country as in ours. However, this freedom has its own limitations and reasonable restrictions.”

 “Every citizen has a right to express his thoughts but not in a manner to target a particular community and promoting enmity.”

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Sessions Court, Gurugram granted bail to the Ram bhagat identified as Jamia shooter in a hate speech case. However, considering the nature of the offence alleged, the Bench imposed certain restrictions on the accused directing him not to organize or attend or address any public gathering which is likely to promote disharmony or feeling of enmity, hatred or ill-will between religious/racial groups/community or any gathering which is prejudicial to the maintenance of religious harmony or likely to disturb the public tranquillity.

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Property Dispute

Out of love and affection, a person can also contribute in the sale amount on behalf of other person and unless said fact is challenged by the former, the other persons have no right to question it. The mentioning of names as vendees in the registered sale deed clearly demonstrates the intention of the persons at the time of execution of the said document to create a right in favour of such persons. Had there been any contrary intention, names of such persons would not have been mentioned in the said sale deed.

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Dishonour of Cheque

Saket District Court found the accused guilty of an offence under Section 138 of the Negotiable Instruments Act, where the accused had admitted signatures on the cheque and also failed to make the payment within 15 days of receipt of summons.

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Tis Hazari Courts, New Delhi, while noting the ingredients of Section 138 of the Negotiable Instruments Act, 1881 acquitted a person charged for offence punishable under Section 138 NI Act.

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Patiala House Courts, New Delhi acquitted the accused of offence under Section 138 (dishonour of cheque) of the Negotiable Instruments Act, 1885, holding that the accused successfully dislodged the statutory presumption.

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Saket Courts, New Delhi reiterated what is expected of an accused to rebut the statutory presumption against him in cases of cheque dishonour under Section 138 of the Negotiable Instruments Act, 1881.

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If the accused is able to raise a probable defence, which creates doubt about the existence of legally enforceable debt or liability, the onus shifts back to the complainant.

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Saket Courts, Delhi convicted the accused for an offence under Section 138 (dishonour of cheque) of the Negotiable Instruments Act, 1881. While delivering the judgment, the Court reiterated the well-settled position of law and discarded various defence taken by the accused.

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Dwarka Courts, New Delhi, resolved the dispute pertaining to Section 138 of Negotiable Instruments Act, 1881 in light of the 4 conditions laid down under the said Section.

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Dwarka Courts, Delhi on noting a very weak case of the complainant and not being able to produce sufficient evidence, dismissed his complaint filed for the dishonour of cheque under Section 138 of Negotiable Instruments Act, 1881.

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In light of the cheque being returned by the bank due to “Account Closed” Bhola Pandit, XX Addl. C.M.M, convicted an accused under Section 138 of the Negotiable Instruments Act, 1881

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Court of XX Addl. Chief Metropolitan Magistrate, Bengaluru City: convicted a person who presented a cheque to repay a loan but the same was dishonoured due to insufficient funds.

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Family Court, Pune addressed a petition for divorce by mutual consent under Section 28 of the Special Marriage Act, 1954 and granted the same noting the difference of opinion and incompatibility of petitioner’s temperament.

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Family Court, Pune granted a decree of divorce by mutual consent to a couple who due to difference of opinion and incompatibility of their temperament could not live together.

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Family Court, Ahmednagar allowed a petition granting a decree of divorce by mutual consent to the petitioners.

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Medical Negligence

Patiala House Courts while addressing a case of medical negligence expressed that d,octors can be summoned for negligence only if the negligence is gross or the doctors did not possess the requisite skill required for the treatment.

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Domestic Violence & Maintenance

Saket Courts, New Delhi, dismissed an appeal filed by the husband against the order of the trial court granting maintenance to the wife.

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Although the domestic violence is incident which happens within four walls of the house. No independent evidence can be expected.

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LXIII Addl. City Civil & Sessions Judge, Bengaluru, dismissed an appeal filed under Section 29 of the Domestic Violence Act finding that the petitioner wife had proved the factum of domestic violence.

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Tis Hazari Courts, Delhi, discussed the legal position on a coparcener’s daughter also being a coparcener of the Hindu Undivided Property.

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Drink and Drive

“There has to be a zero-tolerance for drunken driving and such cases should be dealt with stern hands for flashing proper message in the society.”

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Theft of Electricity

Karkardooma Courts, Delhi, decided a matter wherein a person was found guilty of direct theft of electricity.

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Termination of Services

Saket Courts, New Delhi, decided a matter wherein an employee claimed full back wages from the date he was terminated till the date of his superannuation.

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Condonation of Delay

“A litigant who takes liberty with court procedure should anticipate the necessary consequences.”

“…a stern message is required to be sent to the litigants who indulge in frivolous and vexatious litigation as such litigation not only clogs arteries of justice delivery system but also deprives genuine litigants of their fundamental right of speedy trial.”

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Failure to file Charge Sheet

District Court Complex, Rouse Avenue, allowed applications filed under Section 167(2) CrPC and granted bail to the accused persons for failure of the Central Bureau of Investigation to file charge sheet within the permissible period of 60 days.

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Legal RoundUpWeekly Rewind

SCC online Weekly Rewind | Episode 26th with Devika Sharma

SCC Online Weekly Rewind Episode 26th ft. Devika Sharma, Senior Editorial Assistant is out now. The written episode along with the video episode can be watched and read below.

Supreme Court

  • Born in a district of Bihar that’s now a part of Jharkhand? Here’s where you can claim reservation 

In a very interesting decision, Supreme Court held that such persons whose place of origin/domicile on or before the appointed day i.e. 15th November, 2000 was of the State of Bihar now falling within the districts/regions which form a successor State, i.e., State of Jharkhand under Section 3 of the Bihar Reorganisation Act, 2000 can claim the benefit of reservation for participation in public employment in either of the successor State of Bihar or State of Jharkhand. Reservation can, however, not be claimed in both the States simultaneously.

Link: https://bit.ly/3BIw95k

  • Issue-wise analysis of why SC ordered demolition of illegal twin towers constructed by Supertech, prosecution of NOIDA and Supertech officials for collusion and possible statutory violations

‘The law must step in to protect legitimate concerns of residents whose quality of life is directly affected by the failure of the planning authority to enforce compliance of law.’

Upholding the Allahabad High Court’s decision with respect to ordering demolition of Tower 16 and 17 of Emerald Court constructed by Supertech Ltd. in Noida, Supreme Court found the construction illegal. The two towers were in violation of statutory regulations.

Supreme Court ordered Supertech to refund with interest the amounts invested by allottees of flats in these two towers. Supertech was also ordered to pay costs of Rs 2 crore to the Resident Welfare Association of Emerald Court Group Housing Society, which had initiated proceedings by filing a writ petition in the High Court.

Court further found that the case was replete with instances which highlight collusion between the officers of NOIDA with Supertech and its management. Therefore, the High Court’s direction for sanctioning prosecution against officials of Supertech and NOIDA was also upheld.

Lastly, the Court observed that

“Unfortunately, the diverse and unseen group of flat buyers suffers the impact of the unholy nexus between builders and planners. Their quality of life is affected the most. Yet, confronted with the economic might of developers and the might of legal authority wielded by planning bodies, the few who raise their voices have to pursue a long and expensive battle for rights with little certainty of outcomes. As this case demonstrates, they are denied access to information and are victims of misinformation.”

  • Extend benefits of welfare schemes not only to children orphaned by Covid-19 but also to children orphaned during Covid-19: Supreme Court

 While addressing the plight of children orphaned during Covid-19 pandemic, and Lauding the steps taken by the Union and State governments to provide succour to the children in need, the Bench expressed,

“It is heart-wrenching to note that the survival of so many children is at stake. We are glad that the UOI and the State Governments / Union Territories have announced schemes to provide succour to the children in need. We have no doubt that the authorities concerned would leave no stone unturned to attend to the immediate basic needs of the crestfallen children.”


  • Judges speak through their judgments and orders: Supreme Court pens down it’s opinion on oral regimes

Judges speak through their judgments and orders.

Addressing a very significant matter, Supreme Court expressed that the element of judicial accountability is lost where oral regimes prevail. This would set a dangerous precedent and is unacceptable. Judges, as much as public officials over whose conduct they preside, are accountable for their actions.


  • Repeated inquiries for verification of caste certificates detrimental to members of SC/ST: Supreme Court states when reopening inquiry into caste certificate is permissible

 Supreme Court reversed a judgment of the Madras High Court delivered over a decade ago and held that the State Level Scrutiny Committee had no power to reopen the matter relating to the caste certificate that had been approved by the District Vigilance Committee, without an appeal being filed against such order. The Supreme Court declared that:

“Reopening of inquiry into caste certificates can be only in case they are vitiated by fraud or when they were issued without proper inquiry.”


Supreme Court of the United States


  • Texas Legislation imposing a “near complete ban on abortions” gets a green signal as SCOTUS declines to grant any relief on the matter

In a significant decision which can have major repercussions on a woman’s choice to abort in the United States, the full bench of SCOTUS, with a ratio of 5:4, declined to block the Texas law which imposes a near complete ban on abortions


High Courts

 Kerala High Court

Kerala High Court while addressing the instant suo motu case pertaining to the plight of mentally ill remand prisoners who had been left to languish in prisons due to them being abandoned by family and friends. Calling it blatant violation of basic human rights as well as of fundamental rights guaranteed by the Constitution, the Bench expressed,

“The powerless, voiceless mentally ill prisoners languishing in prisons and mental health centres for years together, embroiled in legal quagmire and abandoned by family and friends. The system and the society presume them to be devoid of knowledge and feeling, thereby turning them into stone.”

Jammu and Kashmir and Ladakh High Court

 While dealing with the intriguing question regarding criminal liability of a debtor of abetment of suicide where the creditor has committed suicide on being prompted by debtor’s refusal to repay the loan amount, Rajnesh Oswal, J., answered in negative. The Bench stated,

“Though the different persons may react or respond to a particular situation differently but this court is of the considered opinion that mere refusal to repay the loan cannot in any way can be considered to be an act of abetment to drive the deceased to commit suicide.” 


Delhi High Court

Bank Guarantee: Can these be encashed during their validity period? Read Del HC’s opinion on furnishing of bank guarantees

Can Bank Guarantee be encashed during their validity period?

Delhi High Court expressing that no judicial finding is there to state that a Bank Guarantee cannot be encashed during its validity further opined that Bank Guarantees are not furnished for being photo framed and kept in a drawing-room.


 Meghalaya High Court

State not to insist on production of Aadhaar Card as the only proof of identity for vaccination

 High Court of Meghalaya while observing that in respect of the vaccination policy presently adopted by the State of Meghalaya and particularly in remote villages, there were eligible persons who cannot be vaccinated simply because they do not possess any AADHAAR Card.

The Court thus requested the State not to insist on production of AADHAAR Card as the only proof of identity since there were other recognised options available to citizens of India to present their proofs of identity.


Tribunals/Commission/Regulatory Bodies

Central Administrative Tribunal

Can family pension be equated with a compassionate appointment? Can employer deny grant of one benefit because the other one was refused by beneficiary? Tribunal answers

Central Administrative Tribunal held that compassionate appointment cannot be equated with family pension. Slamming the respondents for their insensitive and inconsiderate attitude towards a person with 82% permanent disability, the Bench expressed,

“This correspondence between the 2nd and 3rd respondent indicates lack of any sensitivity and concern towards a physically handicapped person…the net result is that a physically handicapped person, whose parents have expired is being denied the family pension which is due to him as a matter of right in terms of extant rules and regulations.”


Advance Rulings

 Maharashtra Authority for Advance Ruling

Whether reimbursement by Industry Partner to Third Party Aggregator of stipend paid to trainees, would attract GST?

 Industry partner that provides training to the trainees is required to pay stipend to the trainees. The said stipend is not directly paid to the trainees by the companies, rather the same are routed through the applicant. Adding to this, it was stated that the entire amounts received as stipend from the companies are paid to the trainees without any amount being retained and the same was not taxable at the hands of the Industry Partner.



Legislation Updates

  • Government introduces a new registration mark for new vehicles “Bharat series (BH-series)” to facilitate seamless transfer of vehicles 

The Minstry of Road Transport and Highways in order to facilitate seamless transfer of vehicles, has introduced a new registration mark for new vehicles  i.e. “Bharat series (BH-series)”.Avehicle bearing this registration mark shall not require assignment of a new registration mark when the owner of the vehicle shifts from one State to another. 


  •   SEBI issues circular on disclosure of risk-o-meter of scheme, benchmark and portfolio details to the investors 

SEBI has issued a circular for disclosure of risk-o-meter of scheme, benchmark and portfolio details to the investors in order to protect the interests of investors in securities and to promote the development of, and to regulate the securities market.  

A link will be provided to investors to their registered email to enable the investor to directly view/download only the portfolio of schemes subscribed by the said investor. 


  •   Income Tax (25th Amendment) Rules, 2021 

The Central Board of Direct Taxes has passed Income Tax (25th Amendment) Rules, 2021. The Amendment inserts Rule 9D prescribing calculation of taxable interest relating to contribution in a provident fund, exceeding specified limit. Some points are required to be taken in to considerations for the calculation of taxable interest relating to provident fund which can be read in detail on SCC Blog. 


  •   USA – TEXAS | Heartbeat Act, 2021 

After the United States Supreme Court declined the request of urgent stay of Heartbeat Act, 2021, the New Abortion Law comes into force in Texas on September 1, 2021. 

The Act bans abortions if there is a fetal heartbeat that can be detected. It has been in controversy as it bans most abortions after about six weeks of pregnancy as per the medical experts (Act has not specified the weeks).