Monthly RoundUp
Legal RoundUpLegislation Roundup

Around 50 Legislation Updates | Relating to Controlled Delivery (Customs) Regulations, 2022, Bullion exchange units, Legal Metrology, Work from Home for the Unit, Project Screening Committee, Biodegradable plastic, Zero coupon zero principal, Note Authentication and Fitness Sorting Parameters and International Trade Settlement in Indian Rupees

MINISTRY OF CORPORATE AFFAIRS

Obligations on the part of ‘Insolvency Professionals’ regulated vide Insolvency and Bankruptcy Board of India (Insolvency Professionals) (Amendment) Regulations, 2022

On 4-7-2022, Insolvency and Bankruptcy Board of India (IBBI), notified Insolvency and Bankruptcy Board of India (Insolvency Professionals) (Amendment) Regulations, 2022. With immediate effect it amends Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2016. Through this regulation, the professionals that conduct the resolution of insolvency of any third person are obliged to make it impartial, paying the costs incurred, managing their information with the Board.

Read More HERE

MINISTRY OF FINANCE

Insertion of Form No. 26QF to the Income tax Rules, 1962 vide Income-tax (20th Amendment) Rules, 2022

The Central Board of Direct Taxes has notified Income-tax (20th Amendment) Rules, 2022 to amend the Income-tax Rules, 1962. The amendment modifies Rule 31 A dealing with Statement of deduction of tax under section 200 (3) and insertion of Form No. 26QF to the Income tax Rules, 1962.

Read More HERE

CBDT specifies non fungible token as virtual digital asset

The Central Government has specified a token which qualifies to be a virtual digital asset as non-fungible token within the meaning of sub-clause (a) of clause (47A) of section 2 of the Income-tax Act, 1961.

Read More HERE

SIDBI modifies 10% contribution to a fixed percentage which will be decided by the Bank vide SIDBI (Defined Contributory New Pension) [Amendment] Regulations, 2022

On 21-06-2022, the Small Industries Development Bank of India notified Small Industries Development Bank of India (Defined Contributory New Pension) [Amendment] Regulations, 2022 in order to amend Small Industries Development Bank of India (Defined Contributory New Pension) Regulations, 2012. These Amendments will have a retrospective effect and comes into force with effect from January 01, 2020.

Read More HERE

Regulation of provisions on re-import of jewellery exported on E-commerce platforms vide Courier Imports and Exports (Electronic Declaration and Processing) Amendment Regulations, 2022

On 30-6-2022, Ministry of Finance notified Courier Imports and Exports (Electronic Declaration and Processing) Amendment Regulations, 2022. By this amendment, Central Board of Indirect Taxes and Customs (CBIC) elaborates the provisions of import/export of jewellery sold on e-commerce exchanged through courier, which will come into force with immediate effect.

Read More HERE

Manner of obtaining certificate of registration by ‘Finance Company’ under IFSCA revised vide IFSCA (Finance Company) (Amendment) Regulations, 2022

On 1-7-2022, International Financial Services Centres Authority (IFSCA) notifies International Financial Services Centres Authority (Finance Company) (Amendment) Regulations, 2022. This Amendment seeks to amend International Financial Services Centres Authority (Finance Company) Regulations, 2021, with the aim of defining the certification process and updating activities permitted to be carried out by the Finance Company under IFSCA. These regulations will come into force with immediate effect.

Read More HERE

Deposit and refund scheme for taxes in Electronic Ledgers revised vide Central Goods and Services Tax (Amendment) Rules, 2022

On 5-7-2022, Central Government notified Central Goods and Services Tax (Amendment) Rules, 2022 that amends Central Goods and Services Tax Rules, 2017. Any registration of tax persons which has to be suspended under Rule 21A, if it hasn’t already been cancelled by Rule 22, then it will stand revoked on payments of the due returns on them.

Read More HERE

CBIC extends waiver of late fee for delay in filing Form GSTR-4 for FY 2021-22

On 05-07-2022, the Central Board of Indirect Taxes and Customs has waived the late fee for delay in furnishing Form GSTR-4 for the period for the FY 2021-22 till 28-07-2022.

Read More HERE

Application u/s 158AB to defer filing of appeal before Tribunal or jurisdictional High Court introduced vide Income-tax (Twenty Second Amendment) Rules, 2022

The Central Board of Direct Taxes notifies Income-tax (Twenty Second Amendment) Rules, 2022 to amend the Income-tax Rules, 1962. The amendment introduces a provision dealing with Application u/s 158AB to defer filing of appeal before Tribunal or jurisdictional High Court.

Read More HERE

CBIC notifies Controlled Delivery (Customs) Regulations, 2022

The Central Board of Indirect Taxes and Customs (CBIC) has notified Controlled Delivery (Customs) Regulations, 2022 in order to track shipments of gold, silver etc.

Read More HERE

Ministry of Finance notifies 7.1% rate of interest under the special deposit scheme

Special Deposit Scheme

Read More HERE

MINISTRY OF HOME AFFAIRS

Transaction limit of foreign contribution received from relatives has been increased from one lakh to ten lakhs vide Foreign Contribution (Regulation) Amendment Rules, 2022

On 01-07-2022, the Ministry of Home Affairs has notified the Foreign Contribution (Regulation) Amendment Rules, 2022 to further amend the Foreign Contribution (Regulation) Rules, 2011. The amendment extends the time period to notify the Government regarding the overseas transaction from 30 days to three months and transaction limit from relatives has been increased from one lakhs to 10 lakhs.

Read More HERE

MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION

CCPA issues Guidelines to prohibit automatic levy of service charge in hotels and restaurants

On 04-07-2022, the Central Consumer Protection Authority (‘CCPA’) has issued Guidelines to prevent unfair trade practices and to protect the consumer interest with regard to levy of service charge in hotels and restaurants.

Read More HERE

Legal Metrology (Packaged Commodities) (Second Amendment) Rules, 2022

The Department of Consumer Affairs has issued the Legal Metrology (Packaged Commodities) (Second Amendment) Rules, 2022 in order to allow the electronic products to declare certain mandatory declarations through the QR Code for a period of one year, if not declared in the package itself.

Read More HERE

MINISTRY OF COMMERCE AND INDUSTRY

Bullion exchange units will now be deemed IFSCs vide Special Economic Zones (Second Amendment) Rules, 2022

On 6th July, 2022, Central Government passed Special Economic Zones (Second Amendment) Rules, 2022. It will be coming into force with immediate effect. The authority unit stores bullion as an asset for the purpose of issuance of ‘bullion’ spot delivery/depository receipts as per Rule 19. These units will now be deemed as International Financial Services Centre.

Read More HERE

Provision for Work from Home for the Unit introduced vide SEZ (Third Amendment) Rules, 2022

On 13-07-2022, the Ministry of Commerce and Industry has issued the Special Economic Zones (Third Amendment) Rules, 2022 to further amend the Special Economic Zones Rules, 2006. A new Rule 43A has been introduced which provides that a Unit may permit its employees, including contractual employees, to work from home or from any place outside the Special Economic Zone.

Read More HERE

MINISTRY OF HEALTH AND FAMILY WELFARE

FSSAI issues Guidelines for submission of applications for endorsement of vegan logo

On 25-07-2022, FSSAI has issued Guidelines for submission of applications for endorsement of vegan logo in exercise of power conferred by sub-regulation 5 of FSS (Vegan Foods) Regulations, 2022.

Read More HERE

MINISTRY OF LAW AND JUSTICE

Remunerations of Executive Officers in Arbitration Council decide vide Arbitration Council of India (Terms and conditions and salary and allowances payable to Chairperson and Members) Rules, 2022

On 9-7-2022, Central Government notified Arbitration Council of India (Terms and conditions and salary and allowances payable to Chairperson and Members) Rules, 2022 to defines rules of appointment, qualifications and conditions of service of officers of Arbitration Council and applicable with immediate effect.

Read More HERE

Relaxation for renewal of notary practice certificate beyond six months from expiry vide Notaries (Second Amendment) Rules, 2022

The Central Government has notified Notaries (Second Amendment) Rules, 2022 in order to amend Notaries Rules, 1956. The amendment inserts a proviso in Rule 8B relating to Renewal of Certificate of Practice in order to relax the application for renewal.

Read More HERE

MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

Meity issues Draft Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

On 6-7-2022, Ministry of Electronics & Information Technology published draft amendment rules to amend the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These amendments aim to direct the intermediaries of social media to further limit and instruct the users to abide by the rules and regulations, privacy policy and user agreement for accessor usage of its computer resource by any person and on failure the account of users can be removed and suspended. These issues can be resolved by appealing to the Grievance Appellate Committee.

Read More HERE

MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

Formation of Project Screening Committee to screen project proposals for use of forest land vide Forest (Conservation) Rules, 2022

On 28-06-2022, Central Government notified new rules namely, “Forest (Conservation) Rules, 2022” to further carry out the protection and preservation of forests in India under Forest Conservation Act, 1980 (Act). These rules supersede the Forest Conservations Rules, 2003 and come into immediate effect.

Read More HERE

Use of biodegradable plastic, introduced vide Plastic Waste Management (Second Amendment) Rules, 2022

On 6-07-2022 the Ministry of Environment, Forest and Climate Change further amended the Plastics Waste Management Rules, 2016 by adding a second amendment named Plastic Waste Management (Second Amendment) Rules, 2022. The Rules have added some new definitions, such as, biodegradable plastics, end of life disposal, plastic packaging, Plastic Waste Processors, pre-consumer plastic packaging waste, post-consumer plastic packaging waste, recyclers, waste to energy etc.

Read More HERE

STATE LEGISLATIONS

Andhra Pradesh Consumer Protection (Direct Selling) Rules, 2021

On 15-07-2022, the Ministry of Consumer Affairs has notified Andhra Pradesh Consumer Protection (Direct Selling) Rules, 2021 to define direct selling entity, cooling off period, money circulation scheme, etc.

Read More HERE

Manner of determining input tax credit introduced vide Rajasthan Goods and Services Tax (Amendment) Rules, 2022

On 16-7-2022 the Finance Department of Rajasthan has notified the Rajasthan Goods and Services Tax (Amendment) Rules, 2022 to further amend the Rajasthan Goods and Services Tax Rules, 2017. The Amendment Rules has come into effect from 05-07-2022.

Read More HERE

SECURITIES AND EXCHANGE BOARD OF INDIA

SEBI issues circular on disclosure of specified securities and holding of specified securities in dematerialized form to bring transparency to investors

On 30-06-2022, Securities and Exchange Board of India (‘SEBI’) issued a circular providing the investors in the securities market more clarity and transparency in disclosure of shareholding pattern and manner of maintaining shareholding in dematerialized format.

Read More HERE

SEBI issues circular on investor grievance mechanism to expedite redressal and disposal of complaints

On 04-07-2022, Securities and Exchange Board of India (‘SEBI’) issued a circular on Investor Grievance Mechanism also amending its circular dated 23-02-2017 to protect the interests of investors in securities market and to promote the development and regulate the securities market.

Read More HERE

SEBI issues circular on framework for Cyber Security and Cyber Resilience for all Qualified Registrars to an Issue and Share Transfer Agents

On 06-07-2022, Securities and Exchange Board of India (‘SEBI’) issued a circular on framework for Cyber Security and Cyber Resilience for all Qualified Registrars to an Issue and Share Transfer Agents (‘QRTAs’) to protect the interests of investors in securities and to promote the development of, and to regulate the securities market.

Read More HERE

SEBI declares Zero coupon, zero principal bond as securities

The Central Government has declared “zero coupon zero principal instruments” as securities for the purposes of the Securities Contracts (Regulation) Act, 1956.

Read More HERE

Levy of GST on the fees payable to SEBI

On 18-07-2022, SEBI has issued a circular for all the Market Infrastructure Institutions, Companies who have listed / are intending list their securities, other intermediaries and persons who are dealing in the securities market, that the fees and other charges payable to SEBI shall be subject to GST at the rate of 18%.

Read More HERE

SEBI issues circular permitting 155 entities to use e-KYC Aadhaar Authentication services as sub-KYC User Agency

On 20-02-2022, Securities and Exchange Board of India (‘SEBI’) has issued guidelines on entities allowed to use e-KYC Aadhaar Authentication services of Unique Identification Authority of India (‘UIDAI’) in Securities Market as sub- KYC User Agency (‘KUA’) to protect the interests of investors in securities and to promote the development of, and to regulate the securities market.

Read More HERE

SEBI introduces Chapter on Social Stock Exchange vide SEBI (Issue of Capital and Disclosure Requirements) (Third Amendment) Regulations, 2022

On 25-07-2022, the Securities and Exchange Board of India has issued SEBI (Issue of Capital and Disclosure Requirements) Third Amendment) Regulations, 2022 to amend the SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018. The amendment inserts a Chapter X-A dealing with Social Stock Exchange (‘SSE’).

Read More HERE

SEBI introduces Chapter on Obligations of Social Enterprises vide SEBI (Listing Obligations and Disclosure Requirements) (Fifth Amendment) Regulations, 2022

On 25-07-2022, the Securities and Exchange Board of India has issued SEBI (Listing Obligations and Disclosure Requirements) (Fifth Amendment) Regulations, 2022 to amend the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015. The amendment inserts Chapter IX-A dealing with Obligations of Social Enterprises.

Read More HERE

SEBI inserts definition of Social Impact Fund vide SEBI (Alternative Investment Funds) (Third Amendment) Regulations, 2022

On 25-07-2022, the Securities Exchange Board of India(‘SEBI’) has issued SEBI (Alternative Investment Funds) (Third Amendment) Regulations, 2022 to amend the SEBI (Alternative Investment Fund) Regulations, 2012.

Read More HERE

SEBI issues circular extending the timeline for Nomination/ Opting out for Mutual Fund Unit Holders

On 29-07-2022, the Securities and Exchange Board of India (‘SEBI’) has extended the timeline for Nomination for Mutual Fund (‘MF’) Unit Holders till October 01, 2022 in order to protect the interests of investors in securities and to promote the development of, and to regulate the securities market.

Read More HERE

SEBI issues Operational Circular for listing obligations and disclosure requirements or Non- convertible Securities, Securitized Debt Instruments, and Commercial Paper

On 29-07-2022, the Securities and Exchange Board of India(‘SEBI’) issued an operational circular for listing obligations and disclosure requirements or Non- convertible Securities, Securitized Debt Instruments, and/or Commercial Paper for effective regulation of the corporate bond market and to enable the issuers and other market stakeholders to get access to all the applicable circulars at one place. The provisions of this circular shall come into force with effect from 01-08-2022.

RESERVE BANK OF INDIA

RBI notified provisioning requirement for Investment in Security Receipts in order to provide glide path for the Regional Rural Banks

On 28-08-2022, Reserve Bank of India (‘RBI’) notified that for smooth functioning of the Regional Rural Banks (‘RRBs’) and to ensure smooth implementation of Clause 77 of the Master Direction- Reserve Bank of India (Transfer of Loan Exposures) Directions, 2021 (‘MD-TLE’) notified on 24-09-2021, the difference between the carrying value of Security Receipts (‘SR’) should be calculated over a 5-year period starting with the financial year ending 31-03-2022.

Read More HERE

RBI issued Guidelines on Note Authentication and Fitness Sorting Parameters

On 01-07-2022, Reserve Bank of India (‘RBI’) issued guidelines on authentication of note and fitness sorting parameters for the Note Sorting Machines (‘Machine’) installed in banks. To get recycled, a note must pass all the fitness parameters: genuine notes, authenticity check.

Read More HERE

RBI issues circular on takeover/ acquisition of control of non- bank payment system operators and sale and transfer of payment system activity

On 04-07-2022, the Reserve Bank of India (‘RBI’) has issued a circular determining the requirements for obtaining prior approval in case of any takeover or/and acquisition of control of non-bank Payment System Operators (‘PSOs’) and sale or transfer of payment system activity of the same.

Read More HERE

RBI imposes Rs.1.5 crore penalty on Kotak Mahindra Bank Ltd for deficiency in regulatory compliance

The Reserve Bank of India (‘RBI’) has imposed a penalty of Rs. 1.5 crore on Kotak Mahindra Bank Ltd.(‘Kotak’) for contravening the provisions of the Banking Regulation Act, 1949, the Depositor Education and Awareness Fund Scheme, 2014, and RBI directions.

Read More HERE

RBI issues guidelines on International Trade Settlement in Indian Rupees

On 11-07-2022, Reserve Bank of India has issued guidelines on International Trade Settlement in Indian Rupees to promote growth of global trade, emphasizing exports, and to support the increasing interest of global trading community in INR.

Read More HERE

RBI imposes penalty of more than Rs. 1 crore on Ola Financial Services Private Ltd. for non-compliance with Master Direction on Prepaid Payment Instruments, 2021 and Know Your Customer, 2016

On 12-07-2022, the Reserve Bank of India (‘RBI’) imposed a penalty of Rs 1 crore and 67.80 lakh on Ola Financial Services Private Ltd (‘Ola’) for not complying with certain provisions of Master Direction on Prepaid Payment Instruments (‘PPI’) dated 27-08-2021 and Master Direction Know Your Customer (‘KYC’) Direction dated 25-02-2016.

Read More HERE

RBI issues revised regulatory framework for Urban Co-operative Banks (UCBs)

On 15-02-2021, the Reserve Bank of India had constituted the Expert Committee on Urban Co-operative Banks (‘the Committee’) to examine the issues in urban co-operative banking sector, provide a medium term road map, suggest measures for faster resolution of UCBs and recommend suitable regulatory/ supervisory changes for strengthening the sector by leveraging the recent amendments to Banking Regulation Act, 1949.

Read More HERE

Legal RoundUpTribunals/Regulatory Bodies/Commissions Monthly Roundup

18 Reports to Read


Competition Commission of India (CCI)


Star India providing bouquet of channels at lesser prices resulting significant loss in consumer base of Asianet Digital Network: Star India abusing dominance of its position? 

The Coram of Ashok Kumar Gupta (Chairperson) and Sangeeta Verma and Bhagwant Singh Bishnoi (Members) noted allegations against Star India for providing a bouquet of channels at lesser prices resulting in denying of market access and also amounting to unfair pricing.

Read full report here…

7 entities indulged in anti-competitive agreement for supply of signages for branches/offices/ATMs of SBI: E-mails exchanged between parties formed basis for manipulation of bidding process

Noting that in respect of cases concerning cartels that are hidden or secret, there is little or no documentary evidence and may be quite fragmentary, Coram of Ashok Kumar Gupta (Chairperson) and Sangeeta Verma and Bhagwant Singh Bishnoi (Members)  imposed penalties on 7 entities and signages for bid-rigging activities and cartelization with respect to the supply of signage for branches, offices and ATMs of State Bank of India.

Read full report here…

Forcing buyers to purchase insurance policies?  Even if dealers offer to sell insurance policies to customers, customers may yet have option to buy such policies from alternative channels

The Coram of Ashok Kumar Gupta (Chairperson) and Sangeeta Verma and Bhagwant Singh Bishnoi (Members) addressed a matter wherein it was alleged that certain Car Companies were abusing their dominant position and denying the cashless claim to consumers if the insurance policy had not been obtained through them, their dealers or their insurance broking companies.

Read full report here…


Customs, Excise and Service Tax Appellate Tribunal (CESTAT)


Amount deposited during the investigation, ipso facto, becomes pre-deposit when the assessee carries the dispute before the Appellate Forum

Anil Choudhary (Judicial Member) dismissed applications filed by the Revenue pertaining to rectification of mistakes.

Read full report here…


Income Tax Appellate Tribunal (ITAT)


Notice issued against a dead person is null and void and all consequent proceedings/orders being equally tainted are liable to be set aside

The Coram of Amit Shukla (Judicial Member) and Pradip Kumar Kedia (Accountant Member) allowed an appeal against a revisional order passed under Section 263 of the Income Tax Act, 1961.

Read full report here…

Does Income Tax Act prohibit HRA Exemption On Rent Paid To Wife?

An appeal was filed by the assessee against the order of CIT(A)-21, New Delhi dated 21-01-2019 before the bench comprising of Sh. A. D. Jain (Vice-President) and Dr. B. R. R. Kumar (Accountant Member).

Read full report here…


National Consumer Disputes Redressal Commission (NCDRC)


When a Statute provides for a particular period of limitation, it has to be scrupulously applied, as an unlimited limitation leads to a sense of uncertainty

The Coram of Justice R.K. Agrawal (President) and Dr S.M. Kantikar (Member) expressed that, when a Statute provides for a particular period of limitation, it has to be scrupulously applied, as an unlimited limitation leads to a sense of uncertainty.

Read full report here…

Will Tax deducted at source be attracted on compensation awarded under Consumer Protection Act “in the form of simple interest”?

The Coram of Dinesh Singh (Presiding Member) and Justice Karuna Nand Bajpayee (Member) expressed that in the ‘service’ of ‘housing construction’, if, in a particular case, “compensation” is computed “by way of interest” on the deposited amount it shall not be differently treated than the other cases in which the term “interest” may not at all be used in computing the compensation.

Read full report here…

If a person conceals facts about pre-existing fatal disease at the time of taking insurance, would it be a breach of insurance contract?

The Coram of Dinesh Singh (Presiding Member) and Karuna Nand Bajpayee (Member) upheld the decision of the District Commission with respect to concealment of pre-existing fatal diseases at the time of taking insurance.

Read full report here…

Consensus between dentists and patients essential to standardize treatment plans and methods: No X-ray conducted prior to performing root canal treatment: Read how NCDRC found dentist negligent

Expressing that, the consensus between the dentists and patients is essential to standardize treatment plans and methods, Coram of Justice R.K. Agrawal (President) and Dr S.M. Kantikar (Member) addressed a case of dental negligence and remarked that,

“The teeth are only part of the face and it cannot be simply concluded that the whole face will become more beautiful once the teeth become neat.”

Read full report here…


National Company Law Tribunal (NCLT)


Whether Shareholders have the right to remove Directors of a company? NCLT explains in light of Companies Act, 2013

Expressing that the management of business affairs in a company is not a sole duty of a Director, the results of a company’s performance is a team of work of Board of Directors, the Coram of Ashok Kumar Borah, Judicial Member and Shyam Babu Gautam, Technical Member, held that, Companies Act gives shareholders the right to remove the Directors of the company.

Read full report here…

National Company Law Tribunal orders insolvency proceedings against Supertech: Indebted and defaulted repayment of loan

The Coram of P.N. Prasad, Judicial Member and Rahul Bhatnagar, Technical Member, declared insolvency proceedings against the builder Supertech Limited.

Read full report here…

Logix Insolvent? NCLT initiates insolvency proceedings against Logix City Developers

The Coram of Bachu Venkat Balaram Das (Judicial Member) and Narender Kumar Bhola (Technical Member) initiates insolvency proceedings against Logix City Developers due to default in payment.

Read full report here…


National Company Law Appellate Tribunal (NCLAT)


Reduction of Capital’ is a ‘Domestic Affair’ of a particular company in which, ordinary, a Tribunal will not interfere because of the reason that it is a ‘majority decision’ which prevails

“A ‘special resolution’ is required to determine those matters for which the Act requires a ‘special resolution’ and except these matters in all other situations an ‘Ordinary Resolution’ is to be passed.”

Read full report here…


National Green Tribunal (NGT)


Unregulated tourism activities resulting in damage to environment in eco-sensitive Himalayan States of India: NGT takes suo motu cognizance

The Coram of Justice Adarsh Kumar Goel (Chairperson) and Justice Sudhir Agarwal (Judicial Member), Prof. A. Senthil Vel (Expert Member) and Dr Vijay Kulkarni (Expert Member) took suo moto cognizance based on media report highlighting the damage to the environment in eco-sensitive Himalayan States of India due to unregulated tourism.

Read full report here…


Securities Exchange Board of India (SEBI)


Can SEBI proceed against a Chartered Accountant for lack of due diligence? SAT analyses

The Coram of Justice Tarun Agarwala (Presiding Officer) and Justice M.T. Joshi (Judicial Member) while addressing a matter whether a Chartered Accountant could be held guilty by SEBI for lack of due diligence, held that,

Lack of due diligence can only lead to professional negligence which would amount to a misconduct which could be taken up only by ICAI.


Uttar Pradesh Real Estate Appellate Tribunal


Developer issued two allotment letters, increasing cost of a unit in second by correcting taxes, lease rent and advance maintenance charges: Read whether UPRERA finds it to be illegal

The Division Bench of Justice Dr D.K. Arora (Chairman) and Rajiv Misra (Administrative Member) set aside the decision of the Regulatory Authority and held that the developer did not conceal the details of the project including the status of the same.

Read full report here…


West Bengal Taxation Tribunal


Can States levy ‘Entry Tax’?

The Coram of Justice Malay Marut Banerjee (Chairman) and Suranjan Kundu (Judicial Member) and Chanchalmal Bachhawat (Technical Member), expressed that, Article 304(a) frowns upon discrimination (of a hostile nature in the protectionist sense) and not on mere differentiation.

Read full report here…

Legal RoundUpTribunals/Regulatory Bodies/Commissions Monthly Roundup

Appellate Tribunal for Electricity (APTEL)


State commission disallows benefit of increase in the tariff based on the change in law provision; Tribunal directs reconsideration

A Coram of R.K. Gauba (Officiating Chairperson) and Sandesh Kumar Sharma (Technical Member) decided on an appeal which was filed by Solar Power Project Developer (“SPD”) assailing order passed by respondent Bihar Electricity Regulatory Commission (“the State Commission”) disallowing the benefit of increase in the tariff based on the change in law provision with respect to increased Operation and Maintenance (O&M) costs of its 10MW solar power generating system.

Read full report here…


Armed Forces Tribunal (AFT)


AFT grants war injury pension to soldier who sustained injuries resulting in disability during Operation Hifazat

The Bench of Justice Dharam Chand Chaudhary (Member J) and Vice Admiral HCS Bisht (Member A), granted war injury pension to the ex-serviceman who had sustained injuries resulting in disability during Operation Hifazat.

Read full report here…


Arbitral Tribunal, New Delhi


Arbitral Tribunal finds SJDA at fault; directs to refund bid amount of Rs 84.24 crores to the claimant in New Township Project

“No permission for conversion of land was obtained and, therefore, even if all other conditions were fulfilled, the Claimant-Developer could not have commenced construction activities on the agricultural lands without obtaining conversion of land use.”

Read full report here…


 Competition Commission of India (CCI)


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? CCI orders investigation 

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

Read full report here… 

Why did CCI suspend the Amazon-Future deal? Detailed analysis of CCI order imposing Rs 202 crores penalty on Amazon

“Amazon had misled the Commission to believe, through false statements and material omissions, that the Combination and its purpose were the interest of Amazon in the business of FCPL.”

Read full report here…

Is Google abusing dominant position in news aggregation? CCI gives prima facie findings; discusses Snippets, Mirror Image Websites, Paywall Options, etc.

“Google appears to operate as a gateway between various news publishers on the one hand and news readers on the other. Another alternative for the news publisher is to forgo the traffic generated by Google for them, which would be unfavourable to their revenue generation.”

Read full report here…


 Customs Excise & Service Tax Appellate Tribunal (CESTAT)


“Obiter dictum” not legally binding as precedent; jurisdictional commissioner cautioned for filing frivolous applications

Suvendu Kumar Pati (Judicial Member) dismissed an appeal which was filed in response to the order passed by this Tribunal for rectification of mistake on the ground that the order to the extent of availment of service of outdoor catering was not proper.

Read full report here…

Jurisdiction for claim of refund filed/initiated to be dealt under the provision Central Excise law and not by the provision of CGST law

Ashok Jindal (Judicial Member) dismissed the application filed by the Revenue (CCE & ST, Panchkula) for ratification of mistake in a final order by the Tribunal which was noticed by the Applicant. The Tribunal dealt with two issues (a) whether to ratify previous order & (b) to deal with the jurisdiction

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…


District Consumer Disputes Redressal Commission, Kolkata


Consumer cannot be forced to pay “service charge” in a restaurant: Consumer Forum finds conduct of restaurant contrary to principles of Consumer Protection Act

“The OPs must have been aware of the guidelines of Fair Trade Practice related to changing of service charge from the consumers by hotels/restaurant issued by Department of Consumer Affairs, Government of India, inter alia, stipulating that service charge on hotel and restaurant bill is “totally voluntarily” and not mandatory.”

Read full report here…


Income Tax Appellate Tribunal (ITAT)


If lessee is not actual owner of property, can actual rental expenses be claimed on return of income? ITAT decides

“The assessee-company has merely taken the assets on lease from the owner, and it is accordingly eligible to claim actual rental expenses in the return of income.”

Read full report here… 

Can merely disowning bank accounts exempt assessee from paying tax? Read why ITAT approved addition of Rs 12.81 Crores under S.68 of Income Tax Act

“Merely disowning the bank accounts by the assessee does not lead to the conclusion that the accounts are not maintained by him when there is a direct evidence contrary to the contention of the assessee.”

Read full report here…


 National Consumer Disputes Redressal Commission (NCDRC)


Homebuyers cannot be expected to wait indefinitely for taking possession: NCDRC allows consumer complaint against Builder, directs refund, imposes costs

Commission dealt with a complaint filed under Section 21 read with Section 2(c) of the Consumer Protection Act, 1986 by the complainant in respect of a plot allotted to him promoted by the OP, claiming deficiency of service due to delay in handing over possession of the plot allotted and claiming refund of amount deposited with compensation.

Read full report here… 

Insurer refuses to issue insurance policy as Risk Confirmation letter obtained on concealment of material fact by Insurance Broker: Policy will be vitiated? NCDRC answers

“Section 19 of Contract Act, 1872, provides that when the consent of an agreement is caused by coercion, fraud, or misrepresentation, the agreement is voidable at the option of the party whose consent is so caused.”

Read full report here…

Plastic pieces found in slices of bread, but compensation denied to consumer. Read why NCDRC set aside State Commission’s order of compensation

Ram Surat Maurya (Presiding Member) addressed a matter wherein Britannia was alleged to have pieces of plastic in its bread, but the complainant failed to prove that the bread was manufactured by the said company.

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…


National Company Law Appellate Tribunal (NCLAT) 


Is it proper for NCLT to record finding regarding default when RP is yet to consider it and submit report? NCLAT discusses Ss. 95, 97, 99 IBC

“…there cannot be any dispute with the statutory scheme as contained in Section 97 that when application is filed by the Resolution Professional under Section 95, the Adjudicating Authority shall direct the Board within seven days of the date of the application to confirm that disciplinary proceedings pending against the Resolution Professional or not and the Board was required within seven days to communicate in writing either confirming the appointment of the Resolution Professional or rejecting the appointment of the Resolution Professional and nominating another Resolution Professional.” 

Read full report here…

Aggrieved with the categorisation as ‘unsecured creditor’, Tribunal secures ‘secured creditor’, having relinquished the security interest

The Coram of Ashok Bhushan J, (Chairperson), and Dr Alok Srivastava (Technical Member) while accepting the appeal and rejecting the claim of the respondent, the Tribunal was of the opinion that the Adjudicating Authority committed an error in rejecting the claim of the appellant to be ‘secured creditor’.

Read full report here…

Is approval with 90% vote of CoC required before allowing withdrawal of CIRP application even where CoC was not yet constituted? NCLAT clarifies law on S. 12-A IBC 

“…when the application is filed prior to the constitution of Committee of Creditors, the requirement of ninety percent vote of Committee of Creditors is not applicable and the Adjudicating Authority has to consider the Application without requiring approval by ninety percent vote of the Committee of Creditors.”

Read full report here…

Dominant position and Predatory Pricing or Win-Win for riders and drivers? NCLAT upholds CCI’s decision

“We do not think that Ola could operate independently of other competitors in the relevant market, and hence it did not enjoy a dominant position in the market.”

Read full report here…

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

“The category of creditors including the Members of the suspended Board of Directors or the partners of the corporate persons, who are entitled to participate in the meeting of the Committee of Creditors are entitled to receive copies of all documents.”

Read full report here…


 National Green Tribunal (NGT)


Rampant noise pollution, incessant use of horns; a Deplorable state of affairs! NGT finds Rajasthan in contempt of Supreme Court’s order 

While addressing the issue of pressure/air horns and motor vehicles being driven with intolerable sound in Rajasthan, the Bench comprising of Justice Sheo Kumar Singh (Judicial Member) and Dr. Arun Kumar Verma (Expert Member) found the State of Rajasthan in contempt of the Supreme Court’s order and issued notice to the state government to reply within three weeks.

Read full report here…


Securities Exchange Board of India (SEBI)


Twitter, Telegram and the tattered chances-Illicit act of swindlers recommending stock tips on social media; Tribunal acts immediately

“The tips circulated through the Channel create an inducing impact which are then followed by the subscribers and ironically, such stock tips may also prove to be true, if large number of recipients of such tips believe it and collectively act on it. Slowly and gradually, after seeing the price of the said thinly traded scrip actually rising, more and more subscribers start believing in the tips and start acting on it, which further strengthens the belief of such tips being genuine, as large number of individuals end up acting on such tips and by their collective buying actions, convert the deceitful, specious and baseless tips to realty”

Read full report here…

‘Billionaire’ dream turns into dread-Unauthorsied investment advisory amounted to fraud & misrepresentation

S.K. Mohanty, Whole Time Member while affirming an ex-parte interim order of SEBI, was of the view that the activities of the Noticees, Billionaire Solutions Pvt. Ltd. (Sole proprietor Akash Jaiswal) was covered within the definition of “fraud” defined under regulation 2(1)(c) of the PFUTP Regulations, 2003. And therefore was held liable for the violation of provisions of Section 12A (a), (b), (c) of the SEBI Act, 1992, Regulations 3 (b), (c) & (d), 4(1), 4(2)(k) of the SEBI (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Market) Regulations, 2003 (PFUTP Regulations, 2003).

Read full report here…

Legal RoundUpSupreme Court Roundups

“Merit is not solely of one‘s own making. The rhetoric surrounding merit obscures the way in which family, schooling, fortune and a gift of talents that the society currently values aids in one‘s advancement.”

Neil Aurelio Nunes v. Union of India, 2022 SCC OnLine SC 75


STORY OF THE MONTH


“Reservation is not at odds with merit”; Here’s why SC upheld OBC reservation in NEET PG and UG Admissions in AIQ quota

In a detailed judgment, the bench of Dr. DY Chandrachud and AS Bopanna, JJ has upheld the Constitutional validity of the reservation for OBC candidates in the AIQ seats for PG and UG  medical and dental courses and noticed that while an open competitive exam may ensure formal equality where everyone has an equal opportunity to participate, however, widespread inequalities in the availability of and access to educational facilities will result in the deprivation of certain classes of people who would be unable to effectively compete in such a system.

Read more…


UNMISSABLE STORIES


COVID-19/Omicron surge yet again forces Supreme Court to extend period of limitation for filing of cases

After the Supreme Court Advocates-on-Record Association approached the Court in light of the spread of Omicron, the new variant of the COVID-19 and the drastic surge in the number of COVID cases across the country, the 3-judge bench of NV Ramana, CJ and L. Nageswara Rao and Surya Kant, JJ restored the order dated 23.03.2020 and directed that the period from 15.03.2020 till 28.02.2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi judicial proceedings.

Read more

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PM Modi Security Lapse: “War of words no solution”; SC appoints Committee headed by Justice Indu Malhotra to look into the matter

After a massive security lapse that left Prime Minister Narendra Modi stuck on a highway in Punjab for 20 minutes on January 5, 2022, the 3-judge bench of NV Ramana, CJ and Surya Kant and Hima Kohli, JJ has formed a committee to be chaired by Justice Indu Malhotra, former Supreme Court Judge.

Read more…

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NEET 2021-22: Supreme Court allows Counselling with 27% Quota for OBCs and 10% Quota for EWS in All India Quota

 Considering the urgent need to commence the process of Counselling, the bench of Dr. DY Chandrachud* and AS Bopanna, JJ, has directed that counselling on the basis of NEET-PG 2021 and NEET- UG 2021 shall be conducted by giving effect to the reservation as provided by the notice dated 29 July 2021, including the 27 per cent reservation for the OBC category and 10 per cent reservation for EWS category in the All India Quota seats.

Read more…

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Suspension of 12 Maharashtra BJP MLAs for one year “grossly illegal”; worse than expulsion, disqualification or resignation

In a big relief to the 12 BJP MLAs who were suspended by the Maharashtra Legislative Assembly, by resolution dated 05.07.2021, for a period of 1 year due to “indisciplined and unbecoming behavior resulting in maligning the dignity of the House”, the 3-judge bench of AM Khanwilkar*, Dinesh Maheshwari and CT Ravikumar, JJ has held that the said resolution is unconstitutional, grossly illegal and irrational to the extent of period of suspension beyond the remainder of the concerned (ongoing) Session.

Read more…

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“Can’t allow Devas and its shareholders to reap the benefits of their fraudulent action”; SC upholds NCLAT’s order to wind up Devas  

“If the seeds of the commercial relationship between Antrix and Devas were a product of fraud perpetrated by Devas, every part of the plant that grew out of those seeds, such as the Agreement, the disputes, arbitral awards etc., are all infected with the poison of fraud.”

Read more…

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Arcelor Mittal Nippon Steel India Limited to pay the purchase tax of Rs. 480 Crores as SC sets aside Gujarat HC verdict

In a major blow to Essar Steel Limited, now Arcelor Mittal Nippon Steel India Limited), the bench of MR Shah* and Sanjiv Khanna, JJ has set aside the Gujarat High Court verdict wherein it was held that Essar was entitled to the exemption from payment of purchase tax as per the Notification dated 05.03.1992, which was issued under Section 49(2) of the Gujarat Sales Tax Act, 1969. As a result Essar will now have to pay the purchase tax of Rs.480.99 crores.

Read more…

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Dowry Death| Woman meting out cruelty to another woman deserves no leniency. Mother-in-law must protect daughter-in-law, not harass her: SC

“Being a lady, the appellant, who was the mother-in-law, ought to have been more sensitive vis-à-vis her daughter-in-law.”

Read more…

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Can Demand of Money for Construction of a House be Treated as a Dowry Demand? SC answers in a 2002 case where a 5-months pregnant woman set herself on fire

“A push in the right direction is required to accomplish the task of eradicating this evil which has become deeply entrenched in our society.”

Read more…

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Pension is not a bounty; Lack of financial resources no excuse for taking away vested rights by way of retrospective amendments

The bench of Ajay Rastogi and Abhay S. Oka, JJ has held that an amendment having retrospective operation which has the effect of taking away the benefit already available to the employee under the existing rule indeed would divest the employee from his vested or accrued rights and that being so, it would be held to be violative of the rights guaranteed under Articles 14 and 16 of the Constitution.

Read more…

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Cal HC had no jurisdiction to quash CAT Principle Bench’s transfer order in Alapan Bandhopadhyay Case, holds SC, based on this Constitution Bench Law holding ground since 1997

The 2-judge bench of AM Khanwilkar and CT Ravikumar, JJ has reiterated the position laid down by the Constitution Bench in L. Chandra Kumar v. Union of India, (1997) 3 SCC 261, that any decision of such a Tribunal, including the one passed under Section 25 of the Administrative Tribunals Act, 1985 could be subjected to scrutiny only before a Division Bench of a High Court within whose jurisdiction the Tribunal concerned falls.

Read more…


EXPLAINERS



MORE STORIES


“Not a case of lack of promotional opportunities”; No financial upgradation to employee refusing regular promotion for personal reasons

The bench of R. Subhash Reddy and Hrishikesh Roy*, JJ has held that if a regular promotion is offered but is refused by the employee before becoming entitled to a financial upgradation, she/he shall not be entitled to financial upgradation only because she/he has suffered stagnation.

Read more…

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Life cannot be breathed into the stillborn charge memorandum; SC holds where prior approval is the rule the defect cannot be cured by post-facto approval

“What is non-existent in the eye of the law cannot be revived retrospectively.”

Read more…

Cheque gets deposited to the account of account holder with strikingly similar name. Bank blames customer. Read why SC was “surprised” at NCDRC’s ruling

In an interesting case where one SBI account holder was left with a balance of Rs. 59/- only in his account due to the existence of another bank account with strikingly similar name in the same branch, the bench of Sanjiv Khanna and Bela M. Trivedi*, JJ has set aside the “highly erroneous” impugned order passed by the National Consumer Disputes Redressal Commission solely relying upon the suo-moto report called for from SBI during the pendency of the revision application.

Read more…

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Reservation in promotion: The 6 issues settled by Supreme Court on collection of quantifiable data on inadequacy of representation

The 3-judge bench of L. Nageswara Rao*, Sanjiv Khanna and BR Gavai has answered 6 crucial questions in relation to quantifiable data showing inadequacy of representation in promotional posts.

Read more…

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Delinquent employee doesn’t have an absolute right to be represented in departmental proceedings by the agent of his choice

In a case where the Rajasthan High Court had permitted the respondent employee who is facing disciplinary proceedings to represent through ex-employee of the Bank, the bench of MR Shah* and Sanjiv Khanna, JJ has interpreted Regulation 44 of the Rajasthan Marudhara Gramin Bank (Officers and Employees) Service Regulation, 2010 read with clause 8.2 of the Handbook Procedure to hold that the delinquent employee has no absolute right to avail the services by ex-employee of the Bank as his DR in the departmental proceedings.

Read more…

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COVID-19| A Biological Weapon? Most misconceived! SC rules it is for the elected Government to take necessary action if any

While addressing a petition making bizarre claim that virgin Coconut Oil can dissolve Covid-19 virus, the Division Bench of Sanjay Kishan Kaul and M.M. Sundresh, JJ., held that it cannot let every person who believes that he has some solution to the virus, to come up in a petition under Article 32 of the Constitution.

Read more…

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High Court’s Revisional jurisdiction under Section 401 Cr.P.C re power to reverse acquittal. SC answers important questions

“Though the High Court has revisional power to examine whether there is manifest error of law or procedure etc., however, after giving its own findings on the findings recorded by the court acquitting the accused and after setting aside the order of acquittal, the High Court has to remit the matter to the trial Court and/or the first appellate Court, as the case may be.”

Read more…

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P&H HC directs State to provide sports quota of 3% in Government Medical/Dental Colleges instead of 1% provided in policy decision. Such mandamus impermissible, holds SC

Explaining the scope of writ jurisdiction, the bench of MR Shah* and BV Nagarathna, JJ has held that the State Government’s action taking a policy decision to prescribe a particular percentage of reservation/quota for a particular category of persons, cannot be interfered with by issuance of a writ of mandamus, directing the State Government to provide for a particular percentage of reservation for a particular category of persons other than what has been provided in the policy decision taken by the State Government.

Read more…

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Person with 54% disability pinned to the ground, throttled by neck and consequently killed by strangulation; SC cancels HC order granting bail to the accused

Finding the order of the High Court cryptic and casual, de hors coherent reasoning, the Bench invoked the latin maxim “cessante ratione legis cessat ipsa lex” to hold that “reason is the soul of the law, and when the reason of any particular law ceases, so does the law itself”.

Read more…

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Civil Court has no jurisdiction in dispute relating to property governed by the Haryana (Control of Rent & Eviction) Act, 1973: SC

The Court was deciding the dispute relating to suit property situated within the municipal limits of Kaithal which is governed by the Haryana (Control of Rent & Eviction) Act, 1973.

Read more…

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Traffic blockage due to agitation, failure to deliver consignment within validity period of e-way bill; SC imposes cost of Rs. 59000 on Sales Tax Officer for illegally imposing penalty

“When the undeniable facts, including the traffic blockage due to agitation, are taken into consideration, the State alone remains responsible for not providing smooth passage of traffic.”

Read more…

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Whether adoption of parent Government Resolution by an undertaking leads to automatic adoption of subsequent modifying resolutions?

“There are limitations or qualifications to the applicability of the doctrine of ‘equal pay for equal work’.”

Read more…

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State ‘exclusivity’ for disallowance of certain fee, charge, etc. is to be viewed from the nature, not the number of undertakings on which the levy is imposed

The Division Bench of R. Subhash Reddy* and Hrishikesh Roy, JJ., held that to determine State Monopoly for disallowance of certain fee, charge, etc. in the case of State Government Undertakings the aspect of ‘exclusivity’ has to be viewed from the nature of undertaking on which levy is imposed and not on the number of undertakings on which the levy is imposed.

Read more…

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Failure to provide occupancy certificate a deficiency in service under the Consumer Protection Act and also a continuing wrong

The bench of Dr. DY Chandrachud* and AS Bopanna, JJ has held that failure on the part of the builder to provide occupancy certificate is a continuing breach under the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act 1963 and amounts to a continuing wrong.

Read more…

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Whether charitable education institutions exempted from levy of electricity duty under Maharashtra Electricity Act, 2016? Supreme Court interprets

The Division Bench comprising of M. R. Shah* and Sanjiv Khanna, JJ., reversed the impugned order of the High Court whereby the High Court had held that education institutions run by charitable societies are exempted from payment of electricity duty.

Read more…

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Non-consideration for subsequent preference post after being declared ineligible for first post preference: Is it unjust? Supreme Court answers

While addressing the issue as to whether a candidate is entitled to claim appointment on a subsequent post in his preference list after having being considered for his first preference and being declared not suitable for the said post due to non-fulfilment of physical requirements, the Division Bench of Dr Dhananjaya Y Chandrachud and A.S. Bopanna*, JJ., replied in negative.

Read more…

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“Democratic interests cannot be judicially aborted to preserve unfettered freedom to conduct business, of the few”; Govt. decision to ban MTTs in PPE products ensures adequate PPE in India: SC

“This Court must be circumspect that the rights and freedoms guaranteed under the Constitution do not become a weapon in the arsenal of private businesses to disable regulation enacted in the public interest.”

Read more…

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Order de hors reasoning cannot result in grant of bail! SC holds informant has a right to assail bail orders bereft of reasons before a higher forum

“It would be only a non speaking order which is an instance of violation of principles of natural justice. In such a case the prosecution or the informant has a right to assail the order before a higher forum.”

Read more…

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Scrap picker beaten to death; incident recorded in CCTV: State failed to protect victim’s rights by not challenging Guj HC’s order releasing accused on bail; SC cancels bail

In a case where a scrap picker was beaten to death and the Gujarat High Court had released one of the accused on bail despite the entire incident been recorded in the CCTV footages and the mobile phone, the bench of MR Shah and BV Nagarathna, JJ has cancelled the bail and has observed that by not filing the appeals by the State against the impugned judgments and orders releasing the accused on bail in such a serious matter, the State has failed to protect the rights of the victim.

Read more…

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Gift deed by an old illiterate woman: SC approves not legalistic but holistic approach by lower courts to determine validity of deed. HC’s verdict set aside

In an issue relating to the alleged gift deed by an old illiterate woman, the bench of MR Shah and Sanjiv Khanna*, JJ has held that when a person obtains any benefit from another, the court would call upon the person who wishes to maintain the right to gift to discharge the burden of proving that he exerted no influence for the purpose of obtaining the document.

Read more…

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No more uncertainty over fixation of percentage of reservation for OBC and SC/ST candidates; SC interprets Section 3 Second Proviso of CEI Act, 2006

The bench of L. Nageswara Rao and Hima Kohli, JJ has held that the formulae for fixing the percentage of reservation for the SC and ST candidates and for determining the percentage of seats to be reserved for OBC candidates under the second proviso of Section 3 of the Central Educational Institutions (Reservation in Admission) Act, 2006, ought to be gathered from the same source and any other interpretation would lead to uncertainty.

Read more…

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3-year old raped and strangulated to death; Read why Supreme Court commuted Death Sentence to life imprisonment

The Fast Track Court, Raigarh had convicted the appellant for the offences punishable under Sections 363, 366, 376(2)(i), 377, 201, 302 read with Section 376A of the Penal Code, 1860 and Section 6 of the POCSO Act, 2012 and vide the same judgment and order, the appellant was sentenced to death for the offence punishable under Section 302 of the IPC. Subsequently, vide the impugned judgment and order, the High Court had confirmed the death penalty.

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Mere recommendation of the SP at the initial stage not sufficient to claim a right for promotion: SC explains Punjab Police Rules, 1934

In a case where a Constable’s name was recommended by the Superintendent of Police but the same was dropped down by the Inspector General of Police for promotion under the 10% quota of outstanding performance for inclusion in the B-I List for promotion to the post of Head Constable in the year 2004, the bench of KM Joseph and PS Narsimha, JJ has held that mere recommendation of the SP at the initial stage is not sufficient to claim a right for promotion.

Read more…

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No scaling down of sentence to 10 years as per NDPS Act for man sentenced to 26 years in prison by Mauritius SC for being in possession of over 150 gms of heroin

In a case where a man was arrested in Mauritius after being found to be in possession of 152.8 grams of heroin and was sentenced to 26 years in prison by the Supreme Court of Mauritius, the bench of L. Nageswara Rao and BR Gavai has upheld the Central Government’s decision rejecting the request for scaling down the sentence from 26 years to 10 years and has found it to be in accordance with the provisions of the Repatriation of Prisoners Act, 2003 and the agreement entered into between India and Mauritius.

Read more…

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No Pensionary Benefits To WALMI Employees; Employees Of Autonomous Bodies Can’t Claim Benefits On A Par With Government Employees As Matter Of Right

“… the employees of the autonomous bodies cannot claim, as a matter of right, the same service benefits on par with the Government employees.”

Read more…

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Whether the term “school children” includes university students while interpreting Government Memo exempting buses carrying school children from Passengers Tax? SC clarifies

While holding that the term “school children” will include college and university as well while interpreting government memo exempting passengers tax in respect of Stage Carriage (buses) owned by educational institution and used for the transportation of children to and from such institutions, the Division Bench of Dinesh Maheshwari and Vikram Nath, JJ., remarked,

“It gets perforce reiterated that the broad expression “children”, obviously, refers to the students taking instructions in educational institutions, irrespective of their class or standard or level.”

Read more…


CASES REPORTED IN SCC


2021 SCC Vol. 9 Part 1

Ranging from Arbitration, Service Law to Family Law, this Volume 9 Part 1 brings in some very carefully and expertly analysed Judgments

2021 SCC Vol. 9 Part 2

In this part read a very interesting decision expertly analysed by our editors. Supreme Court ruled that the trustees are required to

SCC Snippets

Are Clients Or Courts Bound By Lawyer’s Statements Or Admissions As To Matters Of Law Or Legal Conclusions?


High Court Round UpLegal RoundUp

82 Judgments from the High Courts of the Country, you wouldn’t want to miss. Here’s a short recap from the month of January 2022.


Allahabad High Court


Strikes by Advocates

To condole demise of any member or anyone else, can Members of Bar obstruct functioning of Courts? All HC decides

J.J. Munir, J., expressed that,

The Members of the Bar are free to hold a meeting to condole the demise of any member or anyone else, but they do not have the right to obstruct the functioning of Courts.

Read full report here…

Motor Accident Claim 

Taking Rs 15,000 as notional income of a family member who is non-earning, in a motor accident claim: Is it reasonable? All HC decides

The Division Bench of Dr Kaushal Jayendra Thaker and Ajai Tyagi, JJ., enhances quantum of award of a non-earning member in a motor accident claim, while referring to the Supreme Court decision in Kurvan Ansari v. Shyam Kishore Murmu, 2021 SCC OnLine SC 1060.

Read full report here…

Settlement

Settlement terms decided by Mediation and Conciliation Centre, can be the reason for quashing of an FIR under S. 482 CrPC: All HC

Rajeev Singh, J., reiterated that under Section 482 of the Criminal Procedure Code, an FIR i.e. First Information Report can be quashed in view of the settlement terms.

Read full report here…

Maintenance

Can wife claim maintenance under S. 125 CrPC where appeal is pending against divorce granted under S. 13 HMA? All HC decides

When a divorce decree under Section 13 of the Hindu Marriage Act is passed the wife of such annulled marriage can claim maintenance under Section 25 of Hindu Marriage Act.

Read full report here…

Caste System

“…we boast ourselves as an educated society, but we live our lives with double standards”: Allahabad HC condemns prevailing caste system even after 75 years of independence

While expressing that “Caste system in our society is deeply rooted, we boast ourselves as educated society, but we live our lives with double standards” Rahul Chaturvedi, J., granted bail to an accused of cold-blooded murder in an alleged honour killing case. 

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? 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

Read full report here…


Bombay High Court


Feeding of Dogs

Feeding of Dogs inside complex v. Feeding of Dogs outside complex: Bom HC appoints amicus curiae to assist Court in resolving dispute

The Division Bench of S.J. Kathawalla and Milind N. Jadhav, JJ., addressed a matter in which a dispute revolved with regard to the feeding of dogs in the society complex.

Read full report here…

Elections for Sarpanch

Candidate contesting elections for Sarpanch post making “self-declaration” that he/she has “toilet” at their residence, is sufficient compliance under Maharashtra Village Panchayat Act? Bom HC examines

G.S. Kulkarni, J., considered the question,

Whether a “self-declaration” made by a candidate contesting elections to the post of Sarpanch, that he/she has a “toilet” in a house where he/she resides was sufficient compliance, to be not disqualified under Section 14(1) (j-5) of the Maharashtra Village Panchayat Act, 1959?

Read full report here…

Domestic Violence Act

Whether right to claim monetary reliefs, protection order and compensation under the D.V. Act, extinguish on death of “aggrieved person”? Bom HC explains

Sandeep K. Shinde, J., examines whether an application under Section 12 of the Domestic Violence Act on behalf of relatives of deceased seeking monetary relief, possession of ‘stridhan’ and compensation was maintainable or not.

Read full report here…

Employees Compensation Act

Can ‘minor’ who succumbed to an accident during course of employment be compensated under Employees Compensation Act or Insurance Company will be absolved of its liability? Bom HC explains

Workmen’s Compensation Act, 1923 does not prohibit payment of compensation to a minor.

Read full report here…

False Promise of Marriage

False promise of marriage to satisfy lust, leading to offence of cheating and rape?: Bom HC refuses to quash FIR for offences under Ss. 376, 417 IPC

The Division Bench of A.S. Chandurkar and G.A. Sanap, JJ.,  refused to exercise jurisdiction under Section 482 CrPC for quashing an FIR in offences of cheating and rape in the matter wherein the applicant/accused committed sexual intercourse with the girl against her will in the pretext of the false promise of marriage.

Read full report here…

Law on Section 498-A IPC

Can an alleged girlfriend be arrayed as an accused in a crime registered under S. 498-A IPC? Bom HC reiterates SC’s observation

The Division Bench of V.K. Jadhav and Shrikant D. Kulkarni, JJ., reiterated that an alleged girlfriend cannot be arrayed as accused in an offence registered under Section 498-A of Penal Code, 1860.

Read full report here…

Maintenance to Senior Citizen

Son ousted benighted widowed mother, deprived her right to “live a normal life” apart from maintaining and supporting her livelihood: Bom HC

G.S. Kulkarni, J., while addressing another unfortunate case concerning a mother who was ousted from the tenement she owned by her own son. In view of the said, Court expressed that,

This appears to be another clear case where the petitioner(son) has no other intention but to enjoy the tenement exclusively, ousting the roof over his mother’s head, taking advantage of her incapacity at such an old age.

Read full report here…

Property

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…


 Calcutta High Court


 Compassionate Appointment

Daughter-in-law who obtains compassionate appointment by stating that she will take responsibility of her mother-in-law is bound by that undertaking: Cal HC

80-year-old widow approaches Court to seek direction towards her daughter-in-law to provide for her maintenance as she had taken compassionate appointment on the death of her son, Division Bench of Prakash Shrivastava, CJ and Rajarshi Bharadwaj, J., held that the daughter-in-law is bound by the undertaking by which she had obtained a compassionate appointment.

Read full report here…


 Delhi High Court


Termination of Pregnancy

Foetus with severe cardiac anomaly, but pregnancy beyond 24 weeks: Can a mother be permitted for termination of pregnancy? Del HC explains in light of ‘mental health’ of mother

“…entire medical regime would expose the child to intra and post-operative complications and may lead to further complexities, adversely impacting the quality of the child’s life.”

Read full report here…

Arbitration

Future Retail seeking to terminate arbitration proceedings with Amazon: Read Delhi HC’s decision on 4 significant points

Amit Bansal, J., noted that,

“…there is only a very small window for interference with orders passed by the Arbitral Tribunal while exercising jurisdiction under Article 227. The said window becomes even narrower where the orders passed by the Arbitral Tribunal are procedural in nature.”

Read full report here…

‘Stay’ on proceedings before Singapore Tribunal; Prima Facie case in favour of Future Group

The Division Bench of D.N. Patel, CJ and Jyoti Singh, J., stayed the arbitration proceeding in Amazon v. Future Group before the Singapore Tribunal.

Read full report here…

Arrest and Incarcerations

‘Arrest, incarceration destroys a person and affects innocent relatives’: Del HC sentences police officer to 1-day SI for contempt of court, breach of directions in Arnesh Kumar case

Najmi Waziri, J., observed that “Arrest and incarceration destroys a person and collaterally affects many other innocent relatives. Subsequent release or acquittal of an innocent, is of no solace and offers no reparation to the loss of reputation or for the temporary loss of precious personal liberty.”

Read full report here…

Divorce

“Overseas wife”, 11 years old marriage, husband visited wife for few days on yearly visits from Canada: A moribund marriage or not? Del HC decides

While addressing a matter of divorce proceedings, the Division Bench of Vipin Sanghi and Jasmeet Singh, JJ., expressed that,

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

Read full report here…

Bail

Delhi HC explains when a Court can seize liberty of an accused undertrial

Subramonium Prasad, J., while explaining the facets of cancellation of bail and rejection of an application for bail, made an observation that,

Personal liberty is one of the cherished constitutional freedoms. Once granted to an accused pending completion of the Trial, it must only be retracted in the face of grave and exacerbating circumstances.

Read full report here…

Can gravity of offence be the sole ground to deny bail? Del HC decides in a multi-person scam involving Rs 200 Crores

Subramonium Prasad, J., addressed whether the magnitude of offence can be the only criterion for granting bail and further explained the object of bail.

Read full report here… 

Compromise

Will Delhi HC allow waiving off alleged offence of rape in view of compromise and subsequent marriage between complainant and accused? Read to know

Stating that, Rape is an act against society, Rajnish Bhatnagar, J., held that simply entering into a compromise allegation of rape will not lose its gravity.

Read full report here…

Desertion

Wife refused to join company of husband on ground of ‘auspicious time’. Would this amount to ‘desertion’ by wife? Chh HC elucidates

The Division Bench of Goutam Bhaduri and Rajani Dubey, JJ., held that the wife refusing to join the company of her husband in view of waiting for auspicious time, would amount to desertion. 

Read full report here…

Disinvestment

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

The Division Bench of D.N. Patel, CJ and Jyoti Singh, J., dismisses 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…

Matrimonial Expenses

‘Unmarried daughter, even if earning, can’t be assumed to have sufficient resources to meet matrimonial expenses’: Del HC orders father to pay marriage expenses of daughters

 Father’s duty to maintain his unmarried daughters, including his duty to provide for their marriage is clearly recognized by the law.

Read full report here…

Sexual Assault

 Del HC upholds conviction for rape and penetrative sexual assault where ‘wife’ was below 18 yrs of age

Mukta Gupta, J., decided an appeal challenging the impugned decision whereby the appellant had been convicted for the impugned decision whereby he had been convicted for offences punishable under Section 376 of Penal Code, 1860 read with Section 4 of the POCSO Act and the order on sentence dated 15-1-2020 whereby the appellant had been directed to undergo rigorous imprisonment for a period of 10 years and a fine of Rs 10,000, in default whereof to undergo simple imprisonment for a period of six months. 

Read full report here…

False invocation of Ss. 354A, 506 IPC merely trivalises offence of sexual harassment casting doubt on veracity of allegations by victim who has in reality faced sexual harassment: Del HC

Subramonium Prasad, J., expressed its anguish at how provisions such as Sections 354A/506 of Penal Code, 1860 are falsely invoked at the drop of a hat to register one’s displeasure at the conduct of another individual.

Read full report here…

Trademark

Why is ‘Rooh Afza’ seeking injunction against ‘Dil Afza’? Here’s how Del HC stressed upon ‘deep emotion’ while deciding

Buying a bottle of sharbat may involve emotions, but not deep to the extent hoped for by the learned counsel for the plaintiffs. In any case, those who appreciate this deep emotion would be the first to be able to distinguish between ‘Rooh’ and ‘Dil’.

Read full report here…

Del HC restrains Courtyard Holidays World Private Limited from using registered trademark “COURTYARD”: Read a detailed report on trademark infringement case

Asha Menon, J., in a trademark infringement case, restrained the ‘Courtyard Holidays World Private Limited’ from using the impugned marks “COURTYARD”, “COURTYARD HOLIDAYS”, “COURTYARD HOLIDAYS WORLD”, and/or any other mark/logo or label and/or domain name which is identical or similar to the Plaintiff’s registered trademarks “COURTYARD”.

Read full report here…

Conviction

Son-in-law inflicts injury with axe on mother-in-law and wife, Challenges conviction under S. 307 IPC: Del HC revisits law while refusing to interfere

It is trite law that for conviction for an offence punishable under Section 307 IPC, it is not necessary that the victim should suffer an injury and, in a case, where the offence is committed with an intention to commit the murder of the victim, Section 307 IPC would be attracted as in the case of firing when no resultant injury is suffered by the victim.

Read full report here…

Faceless Assessment Scheme

Provision of Personal Hearing would defeat the purpose of Faceless Assessment Scheme? Del HC decides

The Division Bench of Manmohan and Navin Chawla, JJ., while focusing on the principles of natural justice and right to personal hearing observed that,

“Faceless Assessment Scheme does not mean no personal hearing.”

“An assessee has a vested right to personal hearing and the same has to be given, if an assessee asks for it.”

Read full report here…

Judicial Overreach

Photograph of summons sent through WhatsApp as an addition to ordinary process would amount to Judicial Overreach? Del HC decides

Amit Bansal, J., expressed that

Just because the photograph of the summons were sent by the plaintiff to the defendant through WhatsApp cannot amount to overreaching the judicial system or running a parallel system with the judicial system.

Read full report here…

Insurance Claim

Whether insurance company is liable to pay claim even if vehicle stolen and unauthorisedly driven? Del HC decides

…if the proposition of the insurance company was accepted, it would militate against the very concept of a beneficial legislation for the victims of an accident. If such a finding were to be returned then the effect would be that even though a vehicle is insured but is stolen, not only would the insurance company be entitled to avoid its liability but the owner of the vehicle who has insured his vehicle against theft and accident would be saddled with a liability for no fault of his.”

Read full report here…

Law on Rejection of Plaint

Contents of plaint or Examining sufficiency of plaint? Del HC explains the bounden duty of Court

Prateek Jalan, J., expressed that,

For the purposes of an order under Order VII Rule 11 of the CPC, the Court must come to the conclusion that the plaint is required to be rejected.

Read full report here…

Victims’ Rights | Fair Trial

Fair trial is the hallmark of criminal procedure, it entails not only rights of victims but also interest of accused: Delhi HC

“It is the duty of every Court to ensure that fair and proper opportunities are granted to the accused for just decision of the case.” 

Read full report here…

Maintenance

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…

Misconduct

Customer produced to prove the guilt of misconduct by Conductor of DTC Bus: Is it correct? Del HC answers while reiterating established position of law

Prathiba M. Singh, J., while examining a case which was dismissed 30 years ago with regard to a workman’s misconduct, reiterated the well-established law that, customers’ need not be produced in such proceedings in order to prove the misconduct of the workman.

Read full report here…


 Gujarat High Court


Conjugal Rights

Can a wife be forced to cohabit and establish conjugal rights? Or can a decree do so? Guj HC answers

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…

POCSO

Court goes beyond the relief sought, helps POCSO victim to become self-sufficient

The Division Bench of Sonia Gokani and N.V. Anjaria, JJ. went beyond the case to help a POCSO victim to continue her further studies from her parental home. Order was issued against a Criminal Misc. Application filed by the desirous victim pleading the Court to allow her to handover the custody of her minor daughter and join her parents. The applicant was called before the Court with her child before passing of the order.

Read full report here…

Senior Citizen Act

Senior Citizen Act cannot rescind Domestic Violence Act

“The law protecting the interest of senior citizens is intended to ensure that they are not left destitute, or at the mercy of their children or relatives. Equally, the purpose of the PWDV Act 2005 cannot be ignored by a sleight of statutory interpretation. Both sets of legislation have to be harmoniously construed.”

Read full report here…


Himachal Pradesh High Court


Internet Services

Petition filed highlighting the plight of residents of the State regarding internet services in view of virtual classes/courtrooms etc.; Elaborate suggestions laid down

A Division Bench of Tarlok Singh Chauhan and Chander Singh Barowalia JJ.  directed the respondents to comply with the directions given and report compliance on the next date of hearing.

Read full report here… 

Compassionate Appointment

Compassionate appointment is not a matter of right but subject to policy changes; appointment rightly rejected to son as mother is already employed with PWD

Read full report here…

Order 18 Rule 17-A CPC

Power under Or. 18 R. 17 CPC cannot be invoked to fill up omission in the evidence already led by a witness

“…basic purpose of Rule 17 is to enable the Court to clarify any position or doubt. While exercising power Under Order 18 Rule 17-A CPC, Court may, either suo motu or on the request of any party, recall any witness at any stage in this regard. No doubt, power can be exercised at any stage, once the Court recalls the witness for the purpose of any such clarification, the court may permit the parties to assist the court by examining the witness for the purpose of clarification required or permitted by the Court.”

Read full report here…


Jammu and Kashmir High Court


Dowry Death

Dowry Prohibition Act vis-a-vis J&K Dowry Restraint Act; HC blurs the line between the two

In a case alleging dowry death, Rajnesh Oswal, J., clarified the scope and applicability of Jammu and Kashmir Dowry Restraint Act 1960. Observing that the Trial Court had conducted mini trial at the stage of framing of charge, the Bench expressed,

“The trial court was considering issue with regard to framing of charge under section 304-B RPC but the trial court got swayed by the definition of dowry as defined under the Act of 1960 forgetting the legislative intent behind making the amendment, more when the definition was elastic even for the purpose of Act of 1960 by the use of expression “In this Act unless the context otherwise requires”.

Read full report here…


Jharkhand High Court


 Maintenance

What is the effective date of grant of maintenance? Is it the date of judgment or the date of filing of maintenance application?

Anubha Rawat Choudhary, J., held that right to claim maintenance must date back to the date of filing the application since the period during which the maintenance proceedings remained pending is not within the control of the applicant.

Read full report here…

Civil Services

Mistakenly entered wrong digit of Roll No. in OMR sheet? Can one seek to add obtained scores when the sheet is rejected by Scanning Machine? HC answers

 S.N. Pathak, J., rejected the petition filed by a civil services candidate, who was declared unsuccessful in prelims examination due to darkening wrong last digit of roll number in OMR sheet. The Bench stated,

“May be the petitioner has not intentionally darkened digit 6 instead of 8, but sympathy has no place in the eyes of law. The law will prevail in view of the terms and conditions as mentioned in the Advertisement, Admit Card and that of the Rules framed by the JPSC.”

Read full report here…


Kerala High Court


 CLAT PG-2021

Is confining Selection process of NTPC to CLAT PG-2021 candidates only prima facie discriminatory? HC to decide

V.G. Arun, J., held that the practice of confining selection process to CLAT PG-2021 candidates only for the post of Assistant Law Officer at NTPC was prima facie discriminatory. However, without expressing anything further on the matter the Bench had adjourned the matter for further hearing with the direction to the Central Government and NTPC to file a detailed counter affidavit in that regard.

Read full report here…

Guardian of Property

Guardian of Property v/s Guardian of Person of the minor; HC clarifies jurisdiction of District Court

The Division Bench of A. Muhamed Mustaque and Sophy Thomas held that the District Court cannot entertain petition to appoint guardian of the person of the minor child, however power to appoint guardian of the property of the minor is well within the jurisdiction of the District Court. The Bench clarified, the fact that a court cannot appoint a guardian of the person, is no bar for appointing a guardian of the property.

Read full report here…

Maintenance

Right to maintenance of child born out of inter-faith marriage: Is father under obligation to maintain his children even when there’s no statutory stipulation? HC answers 

In a significant case regarding Right to maintenance of child born out of inter-faith marriage, the Division Bench of Dr. Kausar Edappagath and A. Muhamed Mustaque JJ., held that the child being non sui juris, the State and the Courts as Parens Patriae are bound to protect it irrespective of law being silent in this regard. The Bench expressed,

“We see no reason to deny the children born to an inter-faith couple legal right to claim maintenance from their father for the reason that there is no specific statutory provision mandating such a father to maintain his children.” 

Read full report here…


Karnataka High Court


 Sale Deed

Will an ex post facto approval validate a sale deed where prior approval by State Government was a statutory prerequisite? HC answers

Read full report here…

Bail

Bail order not containing cogent reasons liable to be set aside for non-application of mind

The Court observed that The reasons assigned by the Trial Court is nothing but perverse and though elaborately discussed in the order, but the very approach in exercising the discretion under Section 439 of Cr.P.C. it is nothing but capricious order

Read full report here…

Social Classification

Persons with disability are a homogenous class irrespective of social classification; such classification can’t be impeached by linking it with Art. 16 or Art 15

“Persons claiming social reservation fall in one compartment and persons with disabilities who are included in the quota fall on a different distinct compartment so there arises no question of violation of Article 14 of the Constitution.”

Read full report here…

Motor Accident

“If relief is not moulded by awarding higher compensation, we will be failing in our duty”; Kar HC discussed compensation vis a vis permanent sexual disability in motor accident cases 

The Court observed that the Motor Vehicles Act, 1988, is a benevolent legislation and the duty is cast upon the Tribunal to award just and fair compensation to the victim of a Motor Vehicle Accident and thus taking into consideration the inflation and constantly depreciating purchasing power of the rupee, the court deemed deem it appropriate to enhance the compensation.

Read full report here…


 Madras High Court


 Right to Relax

Right to Relax in danger? Would installing CCTVs in spas and massage parlours infringe bodily autonomy of a person? Madras HC pens down its view

“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…

License

Clubs allowing members to bring liquor purchased from outside, and drink without FL-2 license. Is it permissible? Madras HC examines, Issues directions 

“Any Association, Club or otherwise cannot go beyond the scope of its bye laws and the Competent Authorities under the Societies Registration Act are also empowered to initiate action for violation of the bye-laws.”

Read full report here 

Compensation

Rat-bite in hospital, compensation claimed: Madras HC relies on newspaper report since no rejoinder was given by Hospital

“….while examining a particular fact in the Writ Petition, strict rules of evidence do not apply but existence of a fact can be taken judicial note by surrounding circumstances…”

Read full report here…

Outrage the religious beliefs

Expressing opinion with regard to temple restoration, would amount to attract an offence under S. 295-A IPC? Report on Madras HC decision 

G.R. Swaminathan, J., quashed an FIR stating that S. 295-A IPC is attracted only if there is deliberate and malicious intent to outrage the religious beliefs of a particular class.

Read the full report here…

‘On Judgement Day, God shall admonish petitioner for committing un-Christian act’: Read whether Madras HC holds Catholic Priest prima facie accountable under S. 295A IPC for using ‘Bharat Mata’ and ‘Bhuma Devi’ in offensive manner

To uphold the sanctity of the Constitution and maintain public order, the strong arm of law will have to come down heavily on those who seek to disrupt communal peace and amity. 

Read full report here…

State Revenues

Cases involving large scale revenue unresolved for several years, leading to looting of nation’s properties: Read what Madras HC observes

There is a Grouping Section, which is functioning in the High Court. The said Section must be utilised for collecting large scale revenue involved cases now pending before the High Court for many years and the Registry must place all those cases before the Hon’ble the Chief Justice for speedy disposal.

Read full report here…

Conjugal Rights

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…


 Madhya Pradesh High Court


 Arbitration

Dismissal of application under S. 34 of Arbitration and Conciliation Act of 1996 on ground of limitation will come within the purview of refusing to set aside an arbitration award 

Vishal Dhagat, J. expressed that, dismissal of application under Section 34 of Act of 1996 on ground of limitation will come within the purview of refusing to set aside an arbitration award, therefore, appeal under Section 37 will be maintainable if application under Section 34 is dismissed on ground of limitation. 

Read full report here…

Does Arbitral Tribunal have exclusive jurisdiction to settle disputes relating to “works contract” in State of Madhya Pradesh under the scheme of M.P Madhyastham Adhikaran Adhiniyam, 1983? MP HC explains

Bench expressed,

“…the Act of 1983 provides that whether the parties to a “works contract” incorporate an arbitration agreement or not, any dispute relating to “works contract” shall fall within the exclusive jurisdiction of the Tribunal.”

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Courts should emphasize on bridging the gap between the time period of reservation and delivery of the judgment

“It is the need of the hour to emphasize over the need to pronounce judgment expeditiously and curtailing the time gap between reserving of a case and pronouncing of judgment to the bare minimum, it is vivid that the Tribunal heard and reserved the original application preferred on 20.02.2019 whereafter the impugned judgment was pronounced by the Tribunal on 17.01.2020 i.e. after nearly 11 months, which is a very long period of time”

Read full report here…

State saddled with costs for colourable exercise of power reflecting favours; petition allowed

The Division Bench of Sheel Nagu and Purushaindra Kumar Kaurav, JJ. allowed petition filed under Article 226 of the Constitution filed by Smt Rampyari Patel and quashed impugned order dated 06-07-2021 passed by State Government.

Read full report here…

Disciplinary Proceedings

Delinquent employee in disciplinary proceedings has statutory right to engage a Defence Assistant

The Division Bench of Sheel Nagu and Purushaindra Kumar Kaurav, JJ. allowed the petition filed under Art 226 by an employee facing disciplinary proceedings.

Read full report here…

 Strike

It is duty and obligation of Courts to go on with matters or otherwise it would tantamount to becoming a privy to the strike; Court dismisses appeal

Sujoy Paul, J. dealt and dismissed a petition while highlighting the increasing issues of strikes and boycotts by the lawyers.

Read full report here…

Reservation

Difficult Areas vis-a-vis Difficult Services, Issues of reservation and incentive marks; HC puts an end to the battle between Doctors and State

 “If we hold that the Demonstrators and Tutors are eligible despite being posted in towns (not covered under difficult, rural or remote areas) as in-service candidates and petitioners are not, it will divide a homogeneous class of ‘in-service candidates’ and will create a class within the class without there being any rationale and justification for the same.”

Read full report here…

 Kazi

 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…


Orissa High Court


Investigating Agency

Court can neither be a mute spectator to the whims and fancies of the investigating agency nor be a party to it; Ori HC observes in a case where final form was submitted after 15 years

The Court held that the inaction of the investigating agency to conclude the investigation for as long as 15 years, that too, without offering even a semblance of explanation is a direct affront to the cherished principle of right to speedy trial ingrained in the provisions of Article 21 of the Constitution of India.

Read full report here…

Public Interest

Retaining an employee in service if he lacks in the standard of efficiency required to discharge the duties of the post he presently holds is not in public interest

“The Court observed that the object of compulsory retirement is to weed out the dishonest, the corrupt and the deadwood. It is true that if an honest Judicial Officer is compulsorily retired it might lower the morale of his colleagues and other members in the service.”

Read full report here…


Punjab and Haryana High Court


 Live-in-relationship

Merely living together for few days is not live-in-relationship; HC imposes cost of Rs 25000 on runaway couple

In a case where a young couple who had started living in a hotel two days ago had approached the Court for protection, Manoj Bajaj, J., imposed a cost of Rs. 25000. The Bench expressed,

“Merely because the two adults are living together for few days, their claim of live-in-relationship based upon bald averment may not be enough to hold that they are truly in live-in-relationship.”

Read full report here…

Bail

Long custody is an essential factor for granting bail under UAPA; HC grants bail to woman lodged in jail along with her infant in connection with a Facebook post

Anupinder Singh Grewal, J., granted bail to the woman who was in custody along with her barely two years old infant in connection with alleged offence committed under UAPA. The main allegation against the petitioner was with regard to a Facebook post supporting banned organization ‘Sikhs for Justice 2020 Referendum’.

Read full report here…

Divorce

Are Recordings of Private Conversation between Husband and Wife permissible as evidence under S. 13 of HMA, 1955? HC decides 

Lisa Gill, J., held that to permit a spouse to record conversations with an unsuspecting partner and to produce the same in a court of law, to be made the basis of deciding a petition under Section 13 of the Act cannot be permitted.

Read full report here…

Investigation

P&H HC stresses upon adopting contemporary methods of investigation rather than taking third-degree shortcuts

Bench reiterated that,

“police faces a very uphill task in dealing with criminals, especially hardened criminals and the work done by the police force and any investigating agency is to be highly appreciated, in trying to apprehending criminals and actually apprehending them and bringing them to justice; yet, as per the constitutional scheme and the statutory provisions framed thereunder in India, not even the worst criminal can be denied a fair procedure in terms of the statutory provisions laid down in the Code of Criminal Procedure, 1973, and any such law in force.” 

Read full report here…


Rajasthan High Court


Mother tongue or English as a medium of instruction? Raj HC dealt with the issue when State decided to convert a Hindi medium school to English medium

“…the rights of the petitioners and the pupil of the school to have instructions in Hindi that are protected under Article 19(1)(a) of the Constitution of India and such rights can be diluted only by way of a legislation enacted in the contingencies mentioned in cause (2) of Article 19.”

Read full report here…

Police Protection

Courts are not meant to provide police protection to youths who have fled to marry according to their own wishes; Raj HC reiterated

The Court observed that in a deserving case, the Court can provide security to the couple, but cannot lend them the support they have sought. They have to learn to support each other and face the society. If any person misbehaves or manhandles them, the Courts and police authorities are there to come to their rescue, but they cannot claim security as a matter of course or right.

Read full report here…

Pecuniary Jurisdiction

Objection with regard to pecuniary jurisdiction shall be taken at the first instance at the earliest possible opportunity in accordance with S. 21 CPC

“no such objection was taken by the defendants at the earliest stage or not during the course of trial when it reached to its final stage. Now at the stage of final disposal, the application has been submitted which has been accepted by the learned court below by overlooking the mandatory provisions contained under Section 21 of the Code of Civil Procedure.” 

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Reverse Burden of Proof

Burden on the defence to prove the plea of insanity is only to the extent of establishing the same by preponderance of probabilities, need not be proved beyond all manner of doubt

Read full report here…


Telangana High Court


 Section 138 NI Act

A joint account holder cannot be prosecuted unless and until he/she is a signatory to subject cheque

“…Penal provisions should be construed strictly, but not in a routine/casual manner. The words used in Section 138 of N.I. Act  that “such person shall, be deemed to have committed an offence,, refers to a person who has drawn the cheque, but not any other person, except the contingencies mentioned under Section 141 of the N.I. Act.”

Read full report here…


Tripura High Court


Insurance Company

Compensation amount limited to amount claimed, Insurance Company’s liability reduced

S.G. Chattopadhyay, J. in the concerning matter to Parimal Das, held that the person claiming compensation should receive the amount not more than what he claimed. However, this doesn’t mean that the court is powerless to not award more compensation than the amount claimed.

Read full report here…

DNA Testing

Unless and until there is a challenge to the personal documents, direction cannot be given for DNA testing; Court dismisses appeal

Amarnath Goud, J., dealt with a petition wherein the case of the petitioner was that the respondent was not the son of the deceased Kshitish Ghosh and under the garb of certain Wills the respondent was selling the properties which were in dispute before the trial court. Petition further prayed to reconsider DNA testing approval which was dismissed earlier.

Read full report here…

Legal RoundUpSupreme Court Roundups

“In matters pertaining to national security, the scope of judicial review is limited. However, this does not mean that the State gets a free pass every time the spectre of “national security” is raised. National security cannot be the bugbear that the judiciary shies away from, by virtue of its mere mentioning. Although this Court should be circumspect in encroaching upon the domain of national security, no omnibus prohibition can be called for against judicial review.”

Manohar Lal Sharma v. Union of India, 2021 SCC OnLine SC 985


STORY OF THE MONTH


PEGASUS SPYWARE CASE

The what, the why, the who and the how: All you need to know about SC’s independent probe order in Pegasus case

“… it was an extremely uphill task to find and select experts who are free from prejudices, are independent and competent.”

Read more…

Also Read:

‘National security cannot be the bugbear that the judiciary shies away from’. Here’s why the initially reluctant Supreme Court finally decided to interfere

Surveillance versus right to privacy| Five unmissable quotes from the Pegasus Order


UNMISSABLE STORIES


Pupil-teacher ratio for special schools; special teachers for Children with Special Needs in general schools: Read SC’s stopgap arrangement till Centre notifies norms

The Court has directed the Central Government to notify the norms and standards of pupil-teacher ratio for special schools and also separate norms for special teachers who alone can impart education and training to Children/Child with Special Needs (CwSN) in the general schools.

Read more...

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Karnataka High Court calls person committing suicide a ‘weakling’! Don’t diminish the gravity of mental health issues, says SC

“The mental health of a person cannot be compressed into a one size fits all approach.”

Read more…

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Supreme Court temporarily restores Yatin Oza’s Senior Advocate designation for two years

“All we are seeking to do is to  give him a chance by providing a window of two years to show that he truly means what he has assured us. We can only hope that the petitioner abides by his assurances and does not give any cause for the High Court or for us to think otherwise.”

Read more…

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Gauri Lankesh murder| Direct role in commission of an organized crime not necessary. HC “manifestly wrong” in quashing charges against Mohan Nayak N: SC

The High Court, without analysing the material presented along with chargesheet on the basis of which cognizance has been taken by the competent Court including against Mohan Nayak. N, concerning commission of organized crime by the organized crime syndicate of which he is allegedly a member, committed manifest error and exceeded its jurisdiction in quashing the chargesheet.

Read more…

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Reprimand for indiscipline does not amount to abetment of suicide of a “hypersensitive” student: SC

‘Spare the rod and spoil the child’ an old saying may have lost its relevance in present days and Corporal punishment to the child is not recognised by law but that does not mean that a teacher or school authorities have to shut their eyes to any indiscipline act of a student.

Read more…

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“Revenue record is not a document of title”; Mere mentioning of name in revenue records will not create any right, title or interest over forest land: SC

“It would be sufficient to describe the limits of the forest by roads, rivers, ridges or other well-known or readily intelligible boundaries for notification Section 4 of the Forest Act…specific details are not required.”

Read more…


EXPLAINERS



MORE STORIES


Section 138 of NI Act| No hard and fast rule that a cheque issued as security can never be presented by drawee: Supreme Court

“A cheque issued as security pursuant to a financial transaction cannot be considered as a worthless piece of paper under every circumstance.”

Read more…

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Section 138 NI Act| Once settlement has been entered into, the complainant cannot pursue the original complaint: Supreme Court

The settlement agreement subsumes the original complaint.

Read more…

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In absence of any settlement, Lok Adalat can’t enter into merits of writ petition and dismiss it on merits: Supreme Court

“Once there is no compromise and/or a settlement between the parties before the Lok Adalat, as provided in sub-section (5) of Section 20, the matter has to be returned to the Court from where the matter was referred to Lok Adalat for deciding the matter on merits by the concerned court.”

Read more…

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UAPA| ‘Mere association with a terrorist organisation not enough’. SC grants bail to 2 Kerala men booked over Maoist links

“The association and the support have to be with intention of furthering the activities of a terrorist organisation. In a given case, such intention can be inferred from the overt acts or acts of active participation of the accused in the activities of a terrorist organization which are borne out from the materials forming a part of charge sheet.”

Read more…

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IBC and Limitation| Words “order is made available to the aggrieved party” consciously omitted from Section 61(1)&(2): SC

“The IBC, as a prescriptive mechanism, affecting rights of stakeholders who are not necessarily parties to the proceedings, mandates diligence on the part of applicants who are aggrieved by the outcome of their litigation.”

Read more…

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Vicarious liability in a contempt case? Contempt jurisdiction knows no such concept: Supreme Court

“Merely because a subordinate official acted in disregard of an order passed by the Court, a liability cannot be fastened on a higher official in the absence of knowledge.”

Read more…

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MV Act| Tribunals, Courts must recognize actual needs; award just compensation to help restore dignity of claimant with permanent disability: SC

“The very fact that a healthy person turns into an invalid, being deprived of normal companionship, and incapable of leading a productive life, makes one suffer the loss of self-dignity. Such a Claimant must not be viewed as a modern day Oliver Twist, having to make entreaties as the boy in the orphanage in Charles Dickens’s classic, “Please Sir, I want some more”. The efforts must be to substantially ameliorate the misery of the claimant and recognize his actual needs by accounting for the ground realities. The measures should however be in correct proportion.”

Read more…

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Nomenclature of a Tax does not determine the nature of the levy or its true character: Supreme Court

“The legislature may choose a label for the tax based on the nature of the levy. On the other hand, the legislature may choose a label having a relationship with the function of the authority which imposes the tax …”

Read more…

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Anticipatory bail to an absconder? Supreme Court says no!

If anyone is declared as an absconder/proclaimed offender in terms of section 82 of Cr.PC, he is not entitled to relief of anticipatory bail.

Read more…

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Respondent can’t seek declaration of petitioner’s “second marriage” in a divorce proceeding; Relief can’t be prayed qua third party under Section 23A HMA: SC

Under the provisions of the Hindu Marriage Act, the relief of divorce, judicial separation etc. can be between the husband and the wife only and cannot extend to the third party.

Read more…

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Appellate Courts can’t “unnecessarily create” suspicion in absence of objection to validity of a Will: Supreme Court

“A testamentary court is not a court of suspicion but that of conscience.”

Read more…

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What amounts to attempt to rape? Supreme Court explains in a 2005 attempted rape of minor girls

`Attempt’ starts where ‘preparation’ comes to an end, though it falls short of actual commission of the crime.

Read more…

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Creation and/or sanction of the posts is the sole prerogative of Government; Courts cannot interfere: Supreme Court

Framing of any scheme is no function of the Court and is the sole prerogative of the Government.

Read more…

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Kashmiri migrants can’t retain Government accommodation for indefinite period after retirement: Supreme Court

The compassion shown to Kashmiri Migrants has to be balanced with the expectations of the serving officers to discharge their duties effectively.

Read more…

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‘Half a century old litigation, we wish it is the knock out round!’ SC holds objections can’t be raised in instalments; Res judicata applicable on execution proceedings

“…the case on hand is fit to be included in the syllabus of a law school as a study material for students to get equipped with the various provisions of the Code relating to execution.”

Read more…

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Dowry Death| Absconding mother-in-law’s alleged ‘key role’ not at par with deceased’s brother-in-law. Bail cancelled: Supreme Court

The Investigating Agency, deserves a free hand to investigate the role of the Respondent-Mother-in-law, if any, in the unnatural and untimely death of her daughter in-law.

Read more…

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Not ‘honourably’ acquitted in a case? Employer can’t be compelled to give appointment: SC

Acquittal giving benefit of doubt would not automatically lead to reinstatement of candidate unless the rules provide so.

Read more…

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“Voluntary retirement v/s Resignation”; Supreme Court cogitates technicalities of legal terms and their implication in Armed Forces

“Having tendered ‘resignation’, the respondent had to suffer the consequences and could not be permitted to take ‘U’ turn and say that what the respondent wanted was ‘premature retirement’ and not ‘resignation’.”

Read more…

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Municipal Council Delhi, whether owner or licensee of the land transferred by the Government? Supreme Court clarifies nature of the title

“…the letters dated 21-05-2008 and 08-07-2008 are interdepartmental communication and not any policy decision or circular meant for public. Thus, such interdepartmental communications are not the enforceable orders of the Union or of the Council.”

Read more…

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Environmental Watchdog | NGT could act upon a letter written to it but cannot be triggered suo motu on learning about an environmental exigency? Supreme Court Verdict

Whether the National Green Tribunal has the power to exercise Suo Motu jurisdiction in discharge of its functions under the NGT Act, 2010?

Read more…

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Whether registration of family settlement not “affecting” immovable property compulsory? Supreme Court decides admissibility of such settlement as evidence

“If the Khararunama by itself, does not ‘affect’ immovable property… there would be no breach of Section 49(1)(c), as it is not being used as evidence of a transaction effecting such property.”

Read more…

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Dismissal of SLP by reasoned order would not attract doctrine of merger but will be binding on all courts/tribunals in India

If the order of dismissal be supported by reasons then also the doctrine of merger would not be attracted because the jurisdiction exercised was not   an   appellate   jurisdiction   but   merely   a discretionary jurisdiction refusing to grant leave to appeal.

Read more…

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Supreme Court sets aside Allahabad HC’s decision declaring Regulation 101 framed under Intermediate Education Act unconstitutional

“It is clear that recruitment by way of “Outsourcing” may have its own deficiencies and pit falls, however, a decision to take “Outsourcing” cannot be declared as ultra vires of the constitution on the basis of mere presumption and assumption.”

Read more…

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‘You are throwing mud at all and sundry but we refuse to back off’; Supreme Court holds Suraz India Trust Chairman guilty of contempt

“Such litigants cannot be permitted to have their way only because they can plead and write anything they feel like and keep on approbating by sometimes apologising and then again bringing forth those allegations.”

Read more…

 


CASES REPORTED IN SUPREME COURT CASES


An overview of the cases reported in the latest SCC Volumes

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SCC Snippets on important law points 


Legal RoundUpSupreme Court Roundups

“Time has now come to change the work culture and get out of the adjournment culture so that confidence and trust put by the litigants in the Justice delivery system is not shaken and Rule of Law is maintained.”

-Justice MR Shah


TOP STORIES


No more Tareekh pe Tareekh! Repeated adjournments break the back of the litigants; kill justice: Supreme Court

“Any effort which weakens the system and shake the faith of the common man in the justice dispensation has to be discouraged.”

Read more…

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

“It is heart-wrenching to note that the survival of so many children is at stake.”

Read more…

‘You are throwing mud at all and sundry but we refuse to back off’; Supreme Court holds Suraz India Trust Chairman guilty of contempt

“Such litigants cannot be permitted to have their way only because they can plead and write anything they feel like and keep on approbating by sometimes apologising and then again bringing forth those allegations.”

Read more…

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

“Judges speak through their judgments and orders. The written text is capable of being assailed. 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.”

Read more…

“Writing judgments is an art”: Pained by lack of clarity in HC order, Supreme Court explains importance, purpose, contents and elements of a judgment

“The judgment replicates the individuality of the judge and therefore it is indispensable that it should be written with care and caution.”

Read more…

Resolution Applicant under IBC not allowed to withdraw/modify its Resolution Plan, once submitted for approval of NCLT

“The existing insolvency framework in India provides no scope for effecting further modifications or withdrawals of CoC-approved Resolution Plans, at the behest of the successful Resolution Applicant, once the plan has been submitted to the Adjudicating Authority.”

Read more…

SC resolves quandary over interplay of S. 9 and S. 17 of Arbitration Act

“With the law as it stands today, the Arbitral Tribunal has the same power to grant interim relief as the Court and the remedy under Section 17 is as efficacious as the remedy under Section 9(1). There is, therefore, no reason why the Court should continue to take up applications for interim relief, once the Arbitral Tribunal is constituted and is in seisin of the dispute between the parties, unless there is some impediment in approaching the Arbitral Tribunal, or the interim relief sought cannot expeditiously be obtained from the Arbitral Tribunal.”

Read more…

Transfer isn’t a right of employee but discretion of employer

It is not for the employee to insist transfer or deny it at a particular place.

Read more…

‘Parliament entitled to make policy choices on fiscal issues’. Supreme Court upholds constitutionality of Section 54(3) of CGST Act

“A claim to refund is governed by statute. There is no constitutional entitlement to seek a refund.”

Read more…


EXPLAINERS



MORE STORIES


Compromise cannot be taken to be a solitary basis for reduction of sentence

In a case where a compromise was reached between parties, 28 years after an incident left the victim crippled for life, the Court said that such a brutality cannot be ignored which is not against the individual but the crime is against the society which has to be dealt with sternly.

Read more…

Retrospective seniority from a date when employee was not even borne in service? A big no

“… the seniority balance cannot be tilted against those who entered service much before the respondent. Seniority benefit can accrue only after a person joins service and to say that benefits can be earned retrospectively would be erroneous.”

Read more…

Wrongful termination| Reinstatement with full back wages not automatic in every case

Reinstatement with full back wages is not automatic in every case, where termination / dismissal is found to be not in accordance with procedure prescribed under law, the Court held that in the present case, the ends of justice would be met by awarding lump sum monetary compensation.

Read more…

Imprisonment for life is equivalent to rigorous imprisonment for life

In a case where a man was convicted for killing his wife on the suspicion of her infidelity and was sentenced to undergo rigorous imprisonment for life, the bench of L. Nageswara Rao and BR Gavai, JJ has refused to go into the question of propriety of specifying rigorous imprisonment while imposing life sentence and has held that imprisonment for life is equivalent to rigorous imprisonment for life.

Read more…

‘Labour Court’s decision should not be based on mere hypothesis’; SC upholds bank employee’s dismissal in a 33 year old case

“Judicial discretion, it is trite, cannot be exercised either whimsically or capriciously. It may scrutinize or analyse the evidence but what is important is how it does so.”

Read more…

More than a prima facie case! Supreme Court’s test for invoking power under Section 319 Cr.P.C.

“The power cannot be exercised in a casual and cavalier manner.”

Read more…

SC upholds demand of ‘royalty for controlled water’ levied on CPPs by Kerala Electricity Board

“Since the private entity or agency would stand to gain from and out of the capital outlay and infrastructure put in place by the State, some reasonable charges for such benefit would naturally be imposed.”  

Read more…

Nothing wrong with OBC Reservation for consecutive term for the office of Mayor; SC interprets Maharashtra Rules

“It is the duty of the Court to avoid a head-on clash between two sections and construe the provisions which appear to be in conflict with each other in such a manner so as to harmonise them.”

Read more…

“Strict rules of evidence are not applicable to a Departmental Enquiry”; Supreme Court permits to exhibit case diary as a document in a departmental proceeding

The Petitioner, an Additional District Judge in the State of Uttarakhand was facing a departmental enquiry. The grievance of the petitioner was that his application for placing certain documents on record before the Enquiry Officer was rejected on the ground that the Presenting Officer had made an endorsement on the documents that they do not deserve to be admitted in view of Sections 85A and 85B of the Indian Evidence Act.

Read more…

SC orders 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.’

Read more…

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

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.

Read more…

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

“Repeated inquiries for verification of caste certificates would be detrimental to the members of Scheduled Castes and Scheduled Tribes. Reopening of inquiry into caste certificates can be only in case they are vitiated by fraud or when they were issued without proper inquiry.”

Read more…

Supreme Court on ‘Bogus Donations’ made to Trust: Delves to know whether registration under S. 12AA of Income Tax Act was being misused or not

As per the answers to the questionnaire put forward to the Managing Trustee, it depicted the extent of misuse of the status enjoyed by the Trust by virtue of registration under Section 12AA of the Act.

Read more…

Maintenance amount being paid to son scaled-down, but period of maintenance increased: Supreme Court

“Deductions which were being suffered by the appellant from his salary were largely in the realm of statutory and compulsory deductions which were made from the monthly income.”

Read more…

SC allows reduction in sentence under S. 498-A IPC if husband pays Rs 3 lakh compensation to wife, children

“The object of any criminal jurisprudence is reformative in character and to take care of the victim. It is towards this objective that Section 357 CrPC is enacted in the statute. The objective of which is to apply whole or any part of the fine recovered to be applied on payment to any person of compensation for any loss or injury caused by the offence.”

Read more…

Law on second appeal under S. 100 CPC

“[M]erely because the High Court refers to certain factual aspects in the case to raise and conclude on the question of law, the same does not mean that the factual aspect and evidence has been reappreciated.”

Read more…

Husband and Wife consumed pesticide after a quarrel, wife died but husband survived. Will allegation of abetment of suicide on husband survive?

“Abetment by a person is when a person instigates another to do something. Instigation can be inferred where the accused had, by his acts or omission created such circumstances that the deceased was left with no other option except to commit suicide.”

Read more…

Will long possession of a property by a caretaker/servant entitle him to acquire an interest in property?

Holding that caretaker/servant can never acquire interest in the property irrespective of his long possession, Bench of Ajay Rastogi and Abhay S Oka, JJ., held that trial court committed manifest error in appreciating the pleadings on record from plaint filed at the instance of a caretaker/servant.

Read more…

Scope of the Court to enquire in decision of an Executive: Whether Court is concerned with decision-making process or ultimate decision?

“While exercising powers of judicial review, the Court is not concerned with the ultimate decision but the decision-making process.”

Read more…

Chairman of party who entered into arbitration, can he be categorised as eligible under Arbitration and Conciliation Act?

Rule against bias is one of the fundamental principles of natural justice which apply to all judicial proceedings and quasi­judicial proceedings and it is for this reason that despite the contractually agreed upon, the persons mentioned in Sub­section (5) of Section 12 read with Seventh Schedule to the Act would render himself ineligible to conduct the arbitration.”

Read more…

“The question is of trust”. No matter how trivial the case, suppression of fact of conviction can lead to termination from service

When a candidate suppresses material information and/or gives false information, the choice/option whether to continue or not to continue such an employee always must be given to the employer.

Read more…

Stalker consumes poison in front of a girl’s house. Can she be tried for abetment of suicide? SC answers

‘Abetment’ involves mental process of instigating a person or intentionally aiding a person in doing of a thing.

Read more…

Absent direct evidence, SC invokes S. 113-A of Evidence Act to uphold conviction of husband, mother-in-law for abetment of suicide

“The evidentiary value of the close relatives/interested witness is not liable to be rejected on the ground of being a relative of the deceased. Law does not disqualify the relatives to be produced as a witness though they may be interested witness.”

Read more…

‘Basmati’ as Geographical Indication: SC directs Madras HC to reconsider petitions against over-inclusion in claimed ‘traditionally basmati cultivating areas’  

“… the High Court committed an error in not adjudicating the issue relating to over-inclusion of areas in the States forming part of the APEDA GI application.”

Read more…

Advocate trying to stall elevation of judicial officer as Judge of Telangana HC: Supreme Court terms writ petition ‘gross abuse of process of law’, imposes 5 lakh as costs

“We are surprised as the brazenness of the petitioner now filing the present petition under Article 32 of the Constitution of India, the aforesaid being the finding against him, to now somehow see that the elevation of [the Registrar General] does not take place on the account of these proceedings initiated by the petitioner. This is gross abuse of process of law.”

Read more…

Pujari who performs puja and maintains temple property, will he be treated as Bhumiswami? Who will be the owner of temple property?

“…name of the Collector as manager cannot be recorded in respect of property vested in the deity as the Collector cannot be a manager of all temples unless it is a temple vested with the State.”

Read more…

Can an officer of the department, appointed as sole arbitrator, continue the arbitration proceedings after his retirement?

“…once the Sole Arbitrator continued with the arbitration proceedings and passed the award within the extended period of time, it cannot be said that he has misconducted himself as he continued with the arbitration proceedings.”

Read more…

SC upholds Govt.’s decision to extend tenure of incumbent Director of Enforcement beyond two years, but orders no further extension to be granted

“There is no fetter on the power of the Central Government in appointing the Director of Enforcement beyond a period of two years.”

Read more…

Bail| Man with serious allegations against him cannot claim parity with a woman jailed with an infant

The allegations in the FIR and the material that has emerged from the investigation indicated that a major role has been attributed to him in the murder of the deceased and hence, no bail was warranted.

Read more…

Mutation entry doesn’t confer any right, title or interest in favour of person and the objective is only for fiscal purpose

“If there is any dispute with respect to the title and more particularly when the mutation entry is sought to be made on the basis of the will, the party who is claiming title/right on the basis of will has to approach the appropriate civil court and get his rights crystalized and only thereafter on the basis of the decision before the civil court necessary mutation entry can be made.”

Read more…

Virtual courts as facet of fundamental right: SC issues notice in writ petition filed by All India Association of Jurists

The petitioner claims to seek intervention of the Supreme Court “to effectuate the right of access to justice, and the freedom of practicing the noble profession of law irrespective of geographical location“.

Read more…

SC’s opinion on liability of railways towards passengers for delayed train arrival

These are the days of competition and accountability. If public transportation has to survive and compete with private players, they have to improve the system and their working culture.”

Read more…

SC upholds arbitration award of Rs 2728 crore plus interest in favour of Delhi Airport Metro Express (P) Ltd

“There is a disturbing tendency of courts setting aside arbitral awards, after dissecting and reassessing factual aspects of the cases to come to a conclusion that the award needs intervention …”

Read more…

Daughter gets divorced right after parent’s death. Can she claim compassionate appointment? SC explains

“…even if it is assumed that the ‘divorced daughter’ may fall in the same class of ‘unmarried daughter’ and ‘widowed daughter’ in that case also the date on which the deceased employee died, the respondent herein was not the ‘divorced daughter’ as she obtained  the divorce by mutual consent subsequent to the death of the deceased employee.

Read more…

Mere legal principles not sufficient in medical negligence cases: SC absolves doctor and hospital of liability for medical negligence

“Every death of a patient cannot on the face of it be considered as death due to medical negligence unless there is material on record to suggest to that effect.”

Read more…

Irretrievable breakdown of marriage: SC invokes Art. 142 to dissolve marriage which never took off from first day and parties living separately for almost 20 yrs

“… Living together is not a compulsory exercise. But marriage is a tie between two parties. If this tie is not working under any circumstances, we see no purpose in postponing the inevitability of the situation …”

Read more…

Person who stabbed in the stomach of another with intent to kill and convicted under S. 307 IPC tendered apology. Read whether SC reduces sentence of convict or not

Appellant apologized for his fault and had taken responsibility for his action and had maturely sought forgiveness from the victim. Further, the victim also voluntarily accepted the apology while considering the age of the appellant at the time of the incident and had forgiven him.

Read more… 

‘False defence no ground to convict if chain of circumstantial evidence is incomplete’. 10 years after wife’s death, SC sets man free

“… the facts established do not rule out the existence of any other hypothesis. The facts established cannot be said to be consistent only with one hypothesis of the guilt of the appellant.”

Read more…

Judicial craft entered the forbidden domain of legislative draft; SC sets aside Madras HC’s attempt to re-write Rule 29(4) of Copyright Rules

“Craftsmanship on the judicial side cannot transgress into the legislative domain by re-writing the words of a statute.”

Read more…

Supreme Court sets aside Allahabad HC’s decision declaring Regulation 101 framed under Intermediate Education Act unconstitutional

“It is clear that recruitment by way of “Outsourcing” may have its own deficiencies and pit falls, however, a decision to take “Outsourcing” cannot be declared as ultra vires of the constitution on the basis of mere presumption and assumption.”

Read more…

 

 

 

 

 

High Court Round UpLegal RoundUp

Monthly Roundup


Here’s a quick run-through of all the latest and interesting updates from the High Court’s section.

Go ahead and check out the September Updates below.


Allahabad High Court


Cow Slaughter Act

  • Is Magistrate empowered to pass order for disposal of property under CrPC when vehicle is seized under U.P. Prevention of Cow Slaughter Act? All HC examines

Dr Yogendra Kumar Srivastava, J., held that the Magistrate is denuded of his power to pass any order under Sections 451, 452 and 457 CrPC for release of a vehicle seized for alleged violation of provisions of the U.P. Prevention of Cow Slaughter Act.

Read more…


Andhra Pradesh High Court


GST

  • Can Commissioner of Central Tax GST Commissionerate withhold the SVLDRS Discharge certificate for transition of disputes credits to GST?

Availing of transitional credit by the petitioner under the GST Act on the Cenvat credit for GTA and C&F Agency services under the Central Excise Act is a subsequent and separate transaction from the declaration made by him under the Scheme and the adjudication of such claim cannot be said to be barred in law or without jurisdiction.

Read more…

Maintenance

  • Daughter turning major, will not be entitled to maintenance from father? Andhra Pradesh HC explains the law

While explaining the law on whether father is obligated to provide maintenance to his daughter irrespective of the fact that she has turned major,Joymalya Bagchi, J., refused to interfere with the decision of lower court.

Read more…

Minimum Wages

  • 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.

Read more…


Bombay High Court


Right of Inheritance

  • Widow’s right of inheritance after re-marriage: Will mother of deceased be fully entitled to claim dues of deceased son or does wife who re-marries will also have share? Bom HC delves to answer

Addressing a matter pertaining to the widow’s right of inheritance on the property of the deceased husband,S.M. Modak, J., observed that,

Both wife and mother will have an equal share in light of Section 24 of the Hindu Succession Act, which was in existence at the time of the dispute.

Read more…

Supply of Water

  • Two hours, Twice a month, water supply – Even after 75 years of independence, Bom HC addresses request for regular water supply || State Govt. depriving people of their fundamental right

State Government by providing water to its citizens only twice a month, and that too for a mere two hours, is not only depriving its people of their fundamental right, but in doing so is inviting criticism and tarnishing its image, especially when such is the scenario after 75 years of independence.

Read more…

Rehabilitation

  • Negligent approach of Govt & a cascading effect: Mere right of rehabilitation will be equivalent to right of ownership? Detailed report on how slum dwellers encroached public land and claimed their right

“It is not new that valuable Government land on account of the negligent approach of the officers in charge by not protecting such lands from encroachment have stood extinguished from the Government’s holding, causing a serious cascading effect.”

Read more…

Misery of Parents

  • “Daughters are daughters forever and sons are sons till they are married”: Bom HC orders son to vacate flat of 90 yrs old parents

Noting the misery of parents aged 90 years,G.S. Kulkarni, J., observed that,

 “Daughters are daughters forever and sons are sons till they are married” albeit there would surely be exemplary exceptions.

Read more…

Sexual Harassment

  • Fear of stigma, not being believed and being blamed: 17-year-old girl leaving a note to her mother explaining ill deeds of her uncle who sexually harassed her, ended her life | Bom HC delves to know what happened

Unfortunately, we have not been able to create an atmosphere in the Society where parents, teachers and adults in company of the child can identify signs of abuse and make sure children received care and protection.

Read more…

Rape on False Promise of Marriage

  • ‘Astrological Incompatibility’ as reason to refuse marriage: Bom HC refuses to discharge man accused of rape on false promise of marriage

While noting a case of false promise to marry Sandeep K. Shinde, J., refused to allow application wherein a man claimed the reason of astrological incompatibility valid for refusing marriage.

Read more…

Contractual Employees

  • To exercise rights, can contractual employees approach a permanent employer? Bom HC verdict determines

Contractual employees are engaged through contractors, their service conditions are governed by the contracts between them, hence in case of any grievance, they shall approach the contractor and not a principal employer.

Read more…

Conviction under Section 304 Part I Penal Code, 1860

  • “Necessary to read mind of offender and not consider offence devoid of emotions”: Bom HC acquits accused of offence under S. 302 IPC rather convicts under S. 304 Part I IPC

Convicting a person under Section 304 Part I of Penal Code, 1860 Division Bench of Sadhana S. Jadhav and Sarang V. Kotwal, JJ., held that,

On finding that there was no hope that his beloved wife would return to matrimonial abode, accused got enraged an lost self-control and assaulted his wife with whatever available just nearby.

Read more…

Cheating

  • Tendency of guaranteeing decision to come in favour of one party or other, amounts to maligning a particular Judge and at large, institution itself by giving an impression that justice can be bought

It is not uncommon feature that when the matter is pending before the particular Court, the parties indulge into transaction under the guise of ‘settlement’ and sometimes it so happens, even without the knowledge of counsel on record, who may prefer to argue the case on its merit. This tendency of guaranteeing the decision to come in favour of one party or the other, amounts to maligning a particular Judge and at large, the institution itself by giving an impression that justice can be bought and the Prosecutors and Judges can be sold.

Read more…

POSH Judgments

  • POSH Judgments and Order to be delivered only in Chambers or in-camera, media disclosure forbidden: G.S. Patel, J. issues detailed guidelines

While addressing an issue revolving around the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013 and  Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Rules, 2013,  G.S. Patel, J., laid down guidelines with an endeavour to anonymize the identities of the parties.

Read more…


Calcutta High Court


Bengal Post Poll Violence

  • Retired Chief Justice of Calcutta HC Manjula Chellur to monitor SIT in the Poll violence cases

The Full Bench of Rajesh Bindal, ACJ and I.P. Mukerji, Harish Tandon, Soumen Sen and Subrata Talukdar, JJ., in furtherance to the order passed on 19-08-2021 which had directed the constitution of SIT to monitor the investigation of specific categories of cases monitored by a retired Hon’ble Supreme Court Judge, appointed a retired Chief Justice of a High Court stating non-availability of a retired

Read more…

Illegal Allotment of Plot

  • Did Sourav Ganguly play with the ‘System’? Cal HC pens down its decision in illegal allotment of plot to cricketer against State’s land allotment policy

“It is a fact that Sourav Ganguly has brought laurels for the country in Cricket. But when it comes to law, our Constitutional Scheme is that all are equal and no one can claim to be exclusive, above the law and seek benefits from the State, especially when question arises for allotment of plots for commercial venues.”

Read more…

Domestic Violence Act

  • Is it proper to invoke S. 482 CrPC for quashing Magistrate’s order in a proceeding under S. 12 r/w S. 23 of Domestic Violence Act on the point of maintainability? Cal HC determines

 Bibek Chaudhari, J., considered the question as to whether Section 482 CrPC is applicable in relation to an application under Section 12 of the Protection of Women from Domestic Violence Act.

Read more…


Chhattisgarh High Court


No work No pay

  • The principle of ‘No Work No Pay’ would not be applicable where the rule expressly direct otherwise; Matter remitted back to consider grant of full pay and allowances

 No Work No Pay’ principle has been laid down keeping in view public interest that a Government servant who does not discharge his duty is not allowed pay and arrears at the cost of public exchequer.

Read more…

Extortion

  • When prima facie ingredients of S. 383 IPC is not made out, then the offence under S. 388 IPC cannot be made out

“…what is necessary for constituting an offence of ‘extortion’ is that the prosecution must prove that on account of being put in fear of injury; the victim was voluntarily delivered any particular property to the man putting him into fear. If there was no delivery of property, then the most important ingredient for constituting the offence of ‘extortion’ would not be available. Further, if a person voluntarily delivers any property without there being any fear of injury, an offence of ‘extortion’ cannot be said to have been committed.”

Read more…

Prevention of Corruption Act

  • Interdicting a criminal proceeding midcourse on ground of invalidity of the sanction order not appropriate unless failure of justice has occasioned as per S. 19(3) PC Act

“…previous sanction for prosecution is required in respect of a public servant who is employed and is not removable from his office save by or with the sanction of the State Government.”

Read more…


Delhi High Court


Trademark Infringement

  • Will the rights of a prior user override those of a subsequent user even though it had been accorded registration of its trademark? All-Inclusive Report on Trademark Infringement of ‘Rajdhani’

The rights of a prior user will normally override those of the subsequent user even though it had been accorded registration of its trademark.

Read more…

Properties Mortgaged to Banks

  • If Banks have to survive, borrowers must exist and not mere borrowers but productive borrowers: Del HC on whether borrowers have protection against arbitrary disposal of properties mortgaged to banks at low prices? [In-depth Report]

The Banks seek collaterals and security to prevent losses to themselves. It is, but reasonable, to expect the Banks such as the respondent, to also respect the right of the borrowers to maximize their profits from the sale of collaterals/securities by the banks.

Read more…

 Advocates Representation in Labour Courts

  • Representation by Advocates before Labour Courts: Del HC reiterates there is no absolute bar

Judicial decisions on the question of consent, including implied consent, have primarily turned on the facts of each case.

Read more… 

Indian Army

  • Under Indian Army, can mere acceptance of a resignation create a vacancy for being filled up from cadet in waiting? Read what Del HC says

 “Mere acceptance of resignation may not be sufficient to consider creation of a vacancy for being filled up from the cadet in the waiting.” 

Read more…

Eviction Order

  • What are the essential ingredients that a landlord is required to show for purpose of getting an eviction order for bonafide needs? Del HC elaborates

 Jayant Nath, J., while addressing a matter noted the essential ingredients that a landlord is required to show for the purpose of getting an eviction order for bonafide needs.

Read more…

Custodial Violence

  • Remedial action to be taken so that unscrupulous officers at Jail do not take advantage of knowledge of non-working of CCTVs & get away by doing any illegal act

Walls of prison, howsoever high they may be, the foundation of a prison is laid on the Rule of Law ensuring the rights to its inmates enshrined in the Constitution of India.

 Read more…

 Voluntary Retirement

  • Under Pension Rules, if a Government Servant seeks voluntary retirement, he must have completed service of 20 years and may serve notice of 3 months

 Government Servant at any time, after he has completed 20 years of qualifying service, may give a notice of 3 months to retire from the service.

Read more…

 Testimony of Child victim

  • Can testimony of child victim be trustworthy? HC reiterates law on finding child witness competent

 Under Section 29 of the POCSO Act, there is also a presumption regarding the guilt of an accused. As a result, the prosecution has to lay down and prove the fundamental facts regarding the guilt of the accused but the burden of proof on the prosecution is not of ‘beyond reasonable doubt’. Once the facts are proved, the onus is on the accused to lead evidence to rebut the presumption raised under Section 29 of the POCSO Act.

Read more…

 Territorial Jurisdiction

  • Will the place mentioned on invoice decide the jurisdiction of a Court on filing of a suit against it? Del HC explains

 Section 20 clearly provides that a Court within whose local limits the cause of action, “wholly or in part”, arises, would have territorial jurisdiction to try the suit.

Read more…

 Settlement

  • Person accused under S. 307 IPC if entered into a compromise with victim, can Court quash criminal proceedings in light of settlement? Delhi HC unravels

 “…an offence under Section 307 IPC will fall under the category of heinous offence, and therefore, has to be treated as a crime against the society and not against the individual alone and the proceedings under Section 307 IPC cannot be quashed only on the ground that the parties have resolved the entire disputes amongst themselves.”

Read more…

 Compulsory Retirement

  • On what basis is an employee compulsory retired? An account of Compulsory Retired, IRS Officer | Read Del HC’s opinion stressing on ‘compulsory retirement, a subjective satisfaction’

 Fundamental source of compulsorily retiring an employee of the Government is derived from “Doctrine of Pleasure” which springs from Article 310 of the Constitution of India.

Read more…

Arbitration

  • ICADR Rules regarding procedure come into play only after arbitration commences before appropriate jurisdiction of law: Del HC summarises law on seat, venue of arbitration

 While observing that the role of ICADR Rules shall come into play with regard to the procedure to be followed, only after the arbitration commences before the appropriate jurisdiction of law, Suresh Kumar Kait, J., reiterated the observation of BGS SGS SOMA JV v. NHPC(2020) 4 SCC 234, wherein it was stated that if the arbitration agreement provides that arbitration proceedings “shall be held” at a particular venue, then that indicates arbitration proceedings would be anchored at such venue, and therefore, the choice of venue is also a choice of the seat of arbitration. 

Read more…


 Gujarat High Court


 Gazettes

  • E-publishing of old gazettes to be done within six months; Court directs State to submit compliance report

 “…brought into notice of the Court that as far as the past or old Notifications issued earlier were concerned, such old Gazettes as prayed in prayer (b), the process was underway and the same will be over within a short period.”

Read more…

Detention

  • Detaining authority fell in error in interpreting “dangerous person”; Court allows petition against detention

 Paresh Upadhyay, J., allowed a petition which was filed against the order passed by the Commissioner of Police, Surat whereby the petitioner is detained under the Gujarat Prevention of Anti Social Activities Act, 1985.

Read more…

Joint family Property

  • Whether permission is required to sell undivided share of minor in joint family property or not? Succinct report on Gujarat HC’s decision

“…interest of the minor son is to be taken care of, while his share of joint family property is being sold.”

Read more…

 Compensation

  • Discretion not to be exercised in blanket form which may otherwise lead to improper exercise of such power and will frustrate object of grant of compensation under Railway Accidents and Untoward Incidents (Compensation) Amendment Rules, 2020

 R Mohapatra J. allowed the appeals and directed to disburse the awarded amount by liquidating the fixed deposits, if any, to the claimants on proper identification, as expeditiously as possible. 

Read more…


 Himachal Pradesh High Court


Gallantry Medal

  • “Dispatching the gallantry medal directly to the writ petitioner through courier amount to breach of protocol”; Such awards must be given only in ceremonial functions of Independence Day/ Republic Day

Court observed that while promoting acts of bravery and courage, gallantry awards are made for ensuring the spirit of bravery the recipients of awards must be honored in ceremonial functions of Republic Day or Independence Day. It was also observed that delay in the conferment of gallantry awards should be deprecated.

 Read more…

Maintenance

  • “Granting interim maintenance is similar to giving first aid”; Maintenance granted to wife under S. 125 CrPC; Solemnization of marriage under challenge is subject to proof

 Anoop Chitkara J. remarked, “There is neither any illegality nor the maintenance beyond the petitioner’s means; as such, there are no merits in the present petition.” 

Read more…


 J&K and Ladakh High Court


Freedom of Press v. Breach of Peace and Defamation

  • J&K and Ladakh HC | Freedom of Press v. Breach of Peace and Defamation of authority; HC holds no fetters can be placed on the press by registering FIR

“No fetters can be placed on the freedom of press by registering the FIR against a reporter, who was performing his professional duty by publishing a news item on the basis of information obtained by him from an identifiable source.”

Read more…

Right to go Abroad

  • Right to go abroad to pursue studies cannot be denied only on the ground of involvement in a criminal case; HC waives conditional bail order

“The petitioner cannot be denied the right to go abroad to pursue studies only on the ground that he is involved in a criminal case. Looking to the gravity of charge and the young age of the petitioner and his quest to acquire quality education, the request made appears to be genuine.”

Read more…

Right to protect Property

  • Husband is not a stranger; has every right to protect property of his wife; HC dismisses petition challenging husband’s locus standi

“…the husband of the purchaser of the property has every right to look after and protect the property of his wife”

Read more…

Arbitration and Conciliation Act

  • Interim Award v/s Interim Order; HC clarifies prerequisites of S. 31 (6) and S. 17 (1)(ii)(e) of the Arbitration and Conciliation Act, 1996

“While passing an order under Section 17 (1)(ii)(e) of the Act of 1996, an arbitral Tribunal would be justified in considering the prima facie case, the balance of convenience and similar other factors at the time of passing such an order, while making an interim award under Section 31 (6) of the Act, the arbitral Tribunal has to be satisfied that there is an admission or acknowledgment of liability on the part of the party against which the award is proposed to be made.”

Read more…

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.”

Read more…

Appeal

  • Appeal filed without annexing decree sheet passes admission stage due to lapse on the part of Court Registry; Will the appeal survive? HC decides

“If the Appeal has passed through the stage of admission through oversight of the office, then, the only fair and rational course to adopt would be to adjourn the hearing of the appeal with a direction that the appellant should procure the certified copy of the decree as soon as it is supplied to him.”

Read more…


Jharkhand High Court


Non-Appearance of Counsel

  • Can a criminal case be decided ex-parte? What is the resort in cases of non-appearance of counsel of the accused? HC answers

Anubha Rawat Choudhary, J., set aside the order of conviction under Section 304A of IPC passed without hearing the accused. The Bench stated that in case of non-appearance of counsel for the accused it is the duty of the Court to appoint another counsel as amicus curiae to defend the accused.

Read more…

Railway Ticket

  • Mere holding ticket for passenger train will not suffice purpose to declare deceased not a bonafide passenger under S. 2 (29) in a benevolent legislation like Railways Act, 1989; Contrary evidence must

“…once the ticket number has been brought on record which indicates that it was from Asansol to Madhupur, the railway ought to have brought on record any material to show that this ticket was never sold by the railway or this ticket was never issued for the express train and only on the argument, that deceased was holding ticket for passenger train will not suffice the purpose to declare the deceased not a bonafide passenger under Section 2 (29) of the Act in a benevolent legislation like Railways Act, 1989.”

Read more…

Protection of Fauna and Flora

  • “Duty of Forest Guards is to guard not only forest but also animals”; HC emphasises on need to protect fauna along with flora

Reprehending the conduct of the forest staffs, the Bench stated,

“The duty of the Forest Guards as also the Range Officers is to guard not only the forest but also the animals for which the staffing pattern to that effect has been made but even though the elephant calf reported to have died 3-4 days ago, nobody was aware about the death which suggests about the functioning of the employees/officers of the Forest Department…”

Read more…

Departmental Proceedings

  • Conclusion of Departmental proceeding on the ground of conviction by Trial Court; will subsequent acquittal by High Court affect the outcome of departmental proceeding?

 “It is well known that the High Court while acquitting the petitioner has decided the criminal case only and the authority concerned has to consider the reinstatement of the petitioner in service while passing a reasoned order.”

Read more…


Karnataka High Court


Maternity Leave

  • Kar HC granted maternity leave to senior resident doctor employed on contract basis who was denied the same by Joint Director, ESIC Medical College & Hospital, Kalaburagi

Court observed that the Office Memorandum dated 11-01-2018 discloses that in respect of Teaching and Non-Teaching Staff they are entitled to 26 weeks of Maternity Leave, subject to the condition that such person must have rendered at least 80days of service in the past 12 months preceding the date of expected delivery, as envisaged in the Maternal Benefit (Amendment) Act, 2017.

Read more…

Criminal Trial

  • “Chagrined and frustrated litigants should not be permitted to give vent to their frustration by cheaply invoking jurisdiction of the criminal court” Application of judicious mind sine qua non for setting criminal trial in motion

Section 503 IPC, which defines ‘criminal intimidation’ would direct that whoever threatens another person with any injury to his person, reputation or property by an act, he is not legally bound to do and executes certain threats, commits criminal intimidation.

Read more…

Right to Life

  • Freezing of Bank accounts by investigating authorities would adversely affect right to life under Art. 21 of the Constitution of India

Mohammad Nawaz J. allowed the petition and defreezes the bank accounts subject to a bank guarantee.

Read more…

Perjury

  • “Act of perjury is treated as a heinous offence in all civilized societies”; Delay in consideration of such complaints can pollute the fountain of justice

Krishna S Dixit, J., allowed the petition and set aside the impugned order highlighting the importance of perjury applications to be considered at the earliest.

Read more…

Textbooks in braille

  • Kar HC directs State Government to provide text books in Braille for all special children (visual disabilities) positively within a period of 15 days from the date of order

A Division Bench of Satish Chandra Sharma, CJ. and Sachin Shankar Magadum J. directed the State Government to provide textbooks in Braille for all specially abled children having visual disabilities within a period of 15 days.

Read more…


Kerala High Court


Mental Health

  • “Good Samaritans are absent”; HC issues detailed directions for handling cases of mentally ill prisoners where family/friends shows reluctance to take their custody

“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.”

Read more…

Criminal Antecedents

  • What sort of reasoning is this? HC slams Authorization Committee for rejecting Kidney donation application because the donor has criminal antecedents

“I hope, they will not reject the applications because the donor is a Hindu, Christian, Muslim, Sikh, or person in a lower caste after comparing with the religion and caste of the recipient.”

Read more…

Public Servants

  • No prosecution against public servants without prior approval of government; HC dismisses CBI’s revision petition

Narayana Pisharadi, J., dismissed the revision petition filed by CBI due to its failure to obtain prior sanction of government before prosecuting public servants.

Read more…

Post Poll Murder

  • Rejection of bail would result in protraction of trial and indefinite detention; HC grants bail to Communist Party activists in post-poll murder case

Haripal, J., granted bail to the accused involved in post poll murder case of a Muslim League member. The Bench opined,

“No doubt, the allegations against the accused are very grave. Still, so long as the final report is laid, it is not in the interest of justice, unless overwhelming reasons are made out, to keep the suspects in custody.”

Read more…

Violence against Doctors

  • “Attacks on Doctors cannot be condoned”; HC directs State to give publicity to penal consequences of such attacks and increase awareness

Finding it shocking and unbelievable that were 278 attacks against Doctors, Nurses and Healthcare Workers in the State of Kerala, the Division Bench of Devan Ramachandran and Kauser Edappagath, JJ., stated that,

“The attacks on Health Care Workers or an attempt to intimidate or threaten them, for whatever be the reason can never be condoned or tolerated.”

Read more…

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.”

Read more…

Amendment

  • A case of wanton negligence and callousness of petitioner; HC rejects application for amendment making inconsistent and alternative pleadings in written statement

V.G. Arun, J., held that no amendment can be allowed in written statement where it seeks to change former admissions.  The Bench stated,

“Even the most liberal approach towards amendment of written statements will not justify the approval of such an application.”

Read more…

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.”

Read more…

Sexual Assault

  • Priest of Temple commits penetrative sexual assault on young girl: Ker HC observes which God would accept obeisance and offerings of such Priest or make him a medium?

“We wonder which God would accept the obeisance and offerings of such. Priest or make him a medium?”

Read more…

Rape Victim

  • Can the fact that minor rape victim attained majority and married the rapist lead to quashment of criminal proceedings? HC answers

“When it (rape) is towards a child the gravity is all the more severe and excruciating as it may even low self-esteem, self confidence and dignity of the child and that the psychic effect and impact would cause a devastating effect on the minor and result in far-reaching consequences.”

Read more…

Talaq

  • Mere use of word ‘irrevocably’ does not render pronouncement of talaq illegal if intention of the husband shows otherwise; HC states

“Notwithstanding the use of the word ‘irrevocably’ in the talaqnama, the respondent must be seen as having pronounced a talaq ahsan, that became irrevocable only on the expiry of the period of three lunar months immediately following the single pronouncement of the talaq…”

Read more…


Madras High Court


Currency Notes

  • There are many known heroes and unsung heroes. Whether printing the photo of National Leader Netaji Subash Chandra Bose on Indian Currency is possible or not? Detailed Report

If every claim is started to be entertained, there will not be any end.

What is the use of printing images of Great Leaders, who fought for our Independence without following their principles, in currency notes?; merely because the portrait of Mahatma Gandhi is appearing in the currency, does it mean that the currency is used only for legal purposes. Whether the currency should have the portrait of a particular leader or otherwise is the policy of the Government.

 Read more…

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.”

Read more…

Bumper to Bumper Insurance Policy

  • Mandating coverage of bumper to bumper insurance policy: Not logistically and economically feasible? Has Madras HC modified its earlier decision? Read full report

Vaidyanathan, J., cancelled the bumper-to-bumper policy which was made mandatory by this Court’s order for new vehicles for a period of 5 years.

Read more…

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.

Read more…

Illegal encroachment

  • Are Courts bound to protect the interests of the “deity” in temple? Madras HC’s ruling on “Deity” in temple a “Minor”

When the trustee or the Executive Officer or the custodian of the idol, temple and its properties, leave the same in lurch, any person interested in respect of such temple or worshipping deity can certainly be clothed with an adhoc power of representation to the protect its interest.

Read more…


Madhya Pradesh High Court


Flag Code

  • Flag Code is not “law” under Art. 13 of Constitution, but mere compendium of executive instructions; flying of National Flag between sunset and sunrise not contemptuous

S.A. Dharmadhikari, J., allowed a petition which was filed invoking inherent powers of this Court under Section 482 of the CrPC seeking quashment of FIR registered alleging offence punishable under Section 2 of the Prevention of Insults to National Honour Act, 1971.

Read more…

Bail

  • Much to be done in the field of Forensic Sciences and its use in Administration of Justice and Legal Education; Court draws attention towards pendency of matters

Anand Pathak, J., while hearing a matter related to Section 439 CrPC for grant of bail which was his fourth application, highlighted some major issues related to advancement of Forensic Sciences and its use in Administration of Justice and Legal Education.

 Read more…

Transfer

  • Transfer of the only teacher in school stayed until State’s reply; Court holds order as illegal, without application of mind and contrary to the public policy

Sanjay Dwivedi, J., decided in the matter of a petition which was filed challenging an order whereby the petitioner had been transferred from Government Middle School Sewara-Sewari to Government Middle School, Batyawada.

Read more…

Elections

  • Parliament is empowered to frame law as regards conduct of elections but conducting elections is the sole responsibility of the Election Commission; Court dismisses PIL

The Division Bench of Mohammad Rafiq, CJ. and Vijay Kumar Shukla, J., dismissed a PIL which was filed by the Nagrik Upbhokta Margdarshak Manch with a prayer that the Election Commission of India may be directed not to conduct bye-elections of Parliamentary Constituency of Khandwa and Assembly Constituencies of Prathvipur, Jobat and Rajgarh in the State of Madhya Pradesh and direct the respondents to conduct the bye-elections only after assessing the ground situation of coronavirus in the State.

Read more…


Meghalaya High Court


COVID-19 Vaccination

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

The Division Bench of Biswanath Somadder, CJ. and H.S. Thangkhiew, J. heard a PIL which was filed with two primary issues. The first issue was with regard to the mandatory vaccination which was dealt by the order dated 23-06-2021. The other issue was with regard to the method of implementation of the Government Welfare Schemes meant for the marginalized section of the society in the State of Meghalaya.

Read more…

Meghalaya Resident Safety and Security Act

  • Constitutional validity of Meghalaya Resident Safety and Security Act, 2016 challenged; Court directs State to explain purpose of facilitation centres

The Division Bench of Biswanath Somadder, CJ. and H. S. Thangkhiew, J., dealt with a PIL which was filed challenging the constitutional validity of Meghalaya Resident Safety and Security Act (MRSSA), 2016.

Read more…


Orissa High Court


POCSO Act

  • “India will be free when the women feel safe to walk in the streets of India in the midnight”; Conviction upheld under S. 341 IPC and S. 4 of POCSO Act

“Court observed that the act of the appellant in coming in front of the victim and her sister and catching hold of the handle of the bi-cycle to stop their movement which led them to fall on the ground…”

Read more…


Patna High Court


Right to Appeal

  • Victim’s Right to appeal; Is there a right conferred on victim to appeal for enhancement of sentence? HC answers

The Division Bench of Ashwani Kumar Singh and Arvind Srivastava, JJ., reiterated that a victim has no right to maintain an appeal under the proviso to Section 372 of the CrPC on the ground of inadequate sentence.

Read more…


Punjab and Haryana High Court


NDPS Act

  • Huge recovery of contraband drug, failure to register FIR under NDPS Act; HC senses attempt to protect the offender by the authority; hands over the case to CBI

“This is a serious lapse and inaction on the part of the Punjab Police as well as the Drug Controller and this clearly reveals that everything is not normal with the investigation of the NDPS cases in the State of Punjab.”

Read more…

 Motor Vehicles Act 

  • Difficult to fathom Corpn. was oblivious of Statutory requirements; HC comes down heavily on Patna Municipal Corpn. for failure to get its vehicles registered under MV Act

 “It is difficult to fathom that Patna Municipal Corporation, a municipal body originally established in 1922, was oblivious of the factum of the requirement of getting 925 vehicles (Approx.) registered under the provisions of the Motor Vehicles Act, 1988.”

Read more…

  • Driving license and income tax record suggest contradictory age details; HC resolves the age controversy in an accident claim case

 Anil Kshetarpal, J., denied interfering with the decision of the Motor Accident Claims Tribunal with regard to age assessed by the Tribunal wherein two contradictory evidences were placed to prove the age of the deceased. The Bench stated,

No doubt, there is a difference between the date of birth in the driving license as well as the income-tax record of the deceased-late Sh. Ravinder Kumar, however, neither of them is a document to prove his age. 

Read more…

 Proof of Age

  • Is Aadhaar Card a firm proof of age? HC answers while granting protection to a couple who married against wishes of family

 Amol Rattan Singh, J., directed protection to couple who were facing threats after getting married against the wishes of their family.

Read more…

Illegal Migrants

  • Make people aware of mechanism for identification and deportation of persons suspected to be illegal migrants; HC directs Bihar government

 The Division Bench of Sanjay Karol, CJ and S. Kumar, J., asked the State government to sensitize people regarding the consequences of illegal migration, how to identify them and requirement to inform the officers concerned of the presence of illegal migrants in the State.

Read more here…

 Live-in Relationship

  • No offence by married person being in live-in; HC differs with Allahabad High Court’s decision

Amol Rattan Singh, J., held that since adultery is not an offence, no offence would be committed by a married person by him/her being in live-in even when his/her divorce petition is pending before the Court.

Read more… 

Honour Killing

  • “Culpable failure to supervise investigation”; HC slams police for laxity in investigation, issues detailed directions for effective dealing of Honour Killing cases

 Arun Kumar Tyagi, J., while addressing bail application of accused in a case pertaining to Honour Killing, stated it to be a,

“Glaring example how the directions given by Supreme Court are flouted, how the necessity of protection to the couple marrying against the wishes of their family members is ignored.” 

Read more…

 Child Marriage

  • Where minor wife fails to obtain decree of nullity before attaining age of majority, the marriage becomes a valid one; HC interprets

 The Division Bench of Ritu Bahri and Arun Monga, JJ., held that in case of child marriage, the marriage is voidable not void and a petition for nullity under Section 13(2)(iv) could only be filed if she-wife had got married at the age of 15 that too only before she attains the age of 18.

Read more…


Rajasthan High Court


Vaccination of Transgenders

  • Court directs State to abide by the guidelines framed by the Centre for vaccination of the Transgenders

The Division Bench of Sangeet Lodha and Vinit Kumar Mathur, JJ., disposed off a petition with directions which was filed seeking directions to the respondents to facilitate COVID-19 vaccination for transgenders of the State of Rajasthan.

Read more…

 Law of Precedence

  • According to Law of Precedence, judgment passed by Coordinate Bench binding, whereas judgment of other High Court has persuasive value; transfer order once executed cannot be cancelled, altered or modified 

Read more…


Tripura High Court


Bail Application

  • Custodial interrogation necessary to book associates to the offence; Court denies bail application of accused under S. 409, IPC

 The essential parameters for consideration of bail are the nature of offence, the punishment thereto, possibility of his tempering with the prosecution evidence in case of his release on bail, likelihood of his fleeing away from the jurisdiction of the court etc. 

Read more…

Reimbursement of Medical Bills

  • To determine emergent and immediate exigencies, authorities concerned must be rationale; Court allows petition of reimbursement of medical bills of judicial officer and wife

Arindam Lodh, J., allowed a petition which was filed against the rejection of his application for reimbursement of medical bills by the State Finance Department and the Treasury Officer.

Read more…

Live-in relationship

  • Constitutional Morality to override societal morality; Directs live in partners where the lady is married to another man to make representation before the Station House Officer and necessary orders may be passed

 It is well- settled that it is not in the Court’s domain to intrude upon an individual’s privacy. Any scrutiny or remark upon the so-called morality of an individual’s relationship and blanket statements of condemnation especially in matters where it is not called into question, to begin with, would simply bolster an intrusion upon one’s right to choice and condone acts of unwarranted moral policing by the society at large.

Read more…


Uttaranchal High Court


  • State directed to ensure that land owner who donated the land for establishment of sugar mill, their future generation should not be left starving

 Lok Pal Singh, J., allowed a petition which was filed mainly seeking a writ, order or direction directing the respondents to provide employment to the petitioner in terms of the agreement executed between their forefather and sugar factory. 

Read more…

Legal RoundUpTribunals/Regulatory Bodies/Commissions Monthly Roundup

Here’s a run-through of all the significant decisions covered in the month of August 2021 under the Section of Tribunals/Commission/Regulatory Bodies.


Armed Forces Tribunal


Change in DoB cannot be claimed as a matter of right merely because the same had been changed in academic records

The Division Bench of Justice Umesh Chandra Srivastava and Vice Admiral Abhay Raghunath Karve, Member (A) held that a government servant cannot claim change in Date of Birth as a matter of right merely because the same had been changed in academic records.

Read more here: https://bit.ly/3kLtscl


Central Administrative Tribunal


Premature retirement does not amount to punishment; Tribunal cannot go into adequacy where adverse facts exist against the employee

“The Tribunal can certainly interfere with the order of premature retirement in case there does not exist anything adverse to the employee in his entire career. However, if some material or facts as such exist, the Tribunal cannot go into the adequacy thereof.”

Read more here: https://bit.ly/3kHjXuN


 Customs, Excise and Services Tax Appellate Tribunal


  • Whether service tax is payable on liquidated damages and penalties recovered under the contract? Tribunal answers

The Coram of Dilip Gupta (President) and P.V. Subba Rao (Technical Member) allowed the appeals which were related to demand of service tax on liquidated damages recovered by the appellant for acts of default, like delayed or deficient supplies by various suppliers.

Read more here: https://bit.ly/3kLwFZG 

  • Does Rule 4(5)(a) of Cenvat Credit Rules, 2002 cover the return of waste and scraps and is it subject to Central Excise duty? Tribunal answers

Rachna Gupta (Judicial Member) allowed an appeal which was filed aggrieved by the order-in-original asking the appellants for recovery of Central Excise Duty amounting to Rs 16,22,501 along with the appropriate interest and proportionate penalty.

 Read more here: https://bit.ly/3kH1oXL

 Is Service Tax chargeable on the services rendered by the foreman in the chit fund business? Tribunal answers

 “…when there was no question of liability to Service Tax, then, any amount collected under the guise of Service Tax becomes a collection of the said amount without the authority of law and the Revenue can never, therefore, claim any right over such amount; the same will have to be refunded forthwith to the concerned person.”

Read more here: https://bit.ly/3kHll0t

  • Is there a requirement to pay 10% of value of exempted goods in terms of Rule 6(3) of Cenvat Credit Rules, 2004? Tribunal answers

The Coram of Ramesh Nair (Judicial Member) and Raju (Technical Member) allowed the appeal in which the issue was that whether the appellant was required to pay 10% of value of exempted goods in terms of Rule 6(3) of Cenvat Credit Rules, 2004.

Read more here: https://bit.ly/3gSIMTx

  • If the ownership of gold is proved to the customs, can it still be penalized? Tribunal upholds confiscation of gold concealed inside the inner garment

S.S. Garg (Judicial Member) partly allowed an appeal which was filed aggrieved by the order passed by the Commissioner(Appeals) whereby the Commissioner(Appeals) had rejected the appeal upholding the Order-in-Original.

Read more here: https://bit.ly/3zGIIO4

  • Whether the service tax can be demanded on the construction of houses for rehabilitation of poor people under JNNURM? Tribunal answers

The Coram of Anil Choudhary (Judicial Member) and P. Anjani Kumar (Technical Member) allowed an appeal which was filed with the main issue of as to whether the service tax have been rightly demanded on the appellant who had constructed houses for rehabilitation of poor people under JNNURM.

Read more here: https://bit.ly/3jyy6Ln

  • Tribunal discusses distinction between mere provision of ‘table space’ and actual rendering of service; Non discharge of tax liability as provider of “business auxiliary service” partly allowed

The Coram of CJ Mathew (Technical Member) and Ajay Sharma (Judicial Member) partly allowed an appeal which was filed with the issue of non-discharge of tax liability of Rs.17,46,066/-, as provider of ‘business auxiliary service’, for the period between April 2007 and January 2012 which was confirmed by the original authority as payable under proviso to Section 73(1) of Finance Act, 1994, along with interest thereon under section 75 of Finance Act, 1994, besides imposing penalties under Section 76, 77 and 78 of Finance Act, 1994. 

Read more here: https://bit.ly/38tptM5

  • Can service tax be charged on the commission which is the difference between the telephone recharge amount received from customers and amount out of the same paid to telecom companies? Tribunal answers

 Read more here: https://bit.ly/2WFu4YL

  • Can input services used by the provider of taxable service for providing output service be covered by the exclusion clause? Tribunal answers

 Read more here: https://bit.ly/3BA3m2L


Central Information Commission


Centre’s denial on information relating to committee set up to ensure adequate availability of medical oxygen during COVID-19, is justified? Succinct Report

For a CPIO to be able to ascertain the impediment to life and liberty of a person, there ought to be some consideration between the information seeker and the person whose life and liberty is at stake.

 Read more here: https://bit.ly/3yAwuoS


Delhi State Consumer Disputes Redressal Commission


While seeking a refund of amount from builder, will he be liable to pay amount paid as EMIs towards loan sanctioned? Read detailed report on DSCDRC’s decision

Coram of Dr Justice Sangita Dhingra Sehgal (President) and Anil Srivastava (Member)ordered the builder to refund the money deposited by the complainant, as a consequence of not being able to deliver the possession of flat on time. However, it was held that the builder was not liable to refund the EMI amount paid by the complainant towards loan sanctioned in favour of the complainant.

Read more here: https://bit.ly/2WDe9u2


National Consumer Disputes Redressal Commission


  • Whether NOIDA being a public authority could have adopted a different policy for extending construction period between same category of persons? Read on

NOIDA being a public authority should have adopted uniform policy for extending period of construction between the same category of persons.

 Read more here: https://bit.ly/3yvqjm5

  • Opening Pandora’s Box | Whether valuation of lost gold can be determined as on date when reimbursement is made by insurer? NCDRC determines

 If the valuation of the lost gold is determined as on the date when reimbursement is made by insurer, it would open Pandora’s box where the beneficiaries of such Policies may seek undue benefit by deliberately delaying reimbursements.

Read more here: https://bit.ly/2WHILum


National Company Law Appellate Tribunal


  •  ‘Acknowledgment’ is based on neighboring circumstances and has nothing to do with the form-Rejects Appeal

“…this Tribunal an irresistible, inevitable and inescapable conclusion that in respect of the loan account of the ‘Corporate Debtor’, there was an ‘Acknowledgement of Debt’ as per Section 18 and 19 of the Limitation Act, 1963”.

Read more here: https://bit.ly/3jABlSB

  •  Matter getting protracted, defeating the purpose of IBC; Orders NCLT to pass orders ‘one way or the other’

The Coram of Judicial A.I.S. Cheema (The officiating Chairperson) and Dr Alok Srivastava (Technical Member) while disposing of an appeal, directed NCLT to decide the matter ‘one way or the other’, hoping that it would take up the application with ‘all sincerity’.

Read more here: https://bit.ly/38wAMTF


National Company Law Tribunal


  • NCLT Decodes | Whether working capital provided by an investor to run a restaurant would come under the ambit of Financial Debt?

“…it was not a loan and till the achievement of the ‘break even’ the investor was to provide the Working Capital.”

Read more here: https://bit.ly/3yFHsJL

  •  NCLT rejects withdrawal application under S. 12-A IBC where corporate debtor entered into settlement only with a fraction of creditors: CIRP against Rolta India Ltd. will continue

 “…Corporate Debtor is willing to pay the major part of the dues to the employees only subsequent to withdrawal of petition through the settlement jointly and/or severally with the employees. The Bench feels that this provides an escape route to both the promoter as well as to the Corporate Debtor Company to conveniently wriggle out of the partial mini settlement at any point of time.”

Read more here: https://bit.ly/3ByPkyr

  • Malice Intention to start something ‘other than insolvency’ nipped- Releases the Corporate Debtor from ‘rigors of CIRP and moratorium’

 …IRP for dissolution of the Corporate Debtor ‘cannot be accepted since the Liquidation is a pre-requisite to the Dissolution’

 Read more here: https://bit.ly/2WQNSsx

  •  With no prospects, substance and bleak chances of recovery, Resolution Professional seeks liquidation — With its acceptance, Nirav Modi’s Firestar dooms

 The Coram of H.V. Subba Rao (Judicial Member) and Chandra Bhan Singh (Technical Member) while allowing the application for the liquidation of the Corporate Debtor by the CoC, appointed Mr Santanu T Ray as the Liquidator as provided under Section 34(1) of the Insolvency and Bankruptcy Code, 2016.

 Read more here: https://bit.ly/3DCrFPz

  • ‘The moment a pre-existing dispute is established, IBC disenthralls itself’– Dismisses Application

The Coram of Abni Ranjan Kumar Sinha, (Judicial Member) and L.N. Gupta (Technical Member) dismissed an application considering the pre-existing dispute and on failure to prove that the operational debt was undisputed.

 Read more here: https://bit.ly/3DEk7vA

  •  Evaluation of CoC wisdom, beyond the purview of NCLT-Is, expected ‘just’ to initiate liquidation process rather

The Coram of Madan B Gosavi (Judicial Member) and Veera Brahma Rao Arekapudi (Technical Member) was of the view that the pertinent case was a fit case to pass liquidation order in consonance with the commercial wisdom in terms of Section 33(1) of the Insolvency and Bankruptcy Code, 2016 (Code). 

Read more here: https://bit.ly/3yCJREY

  •  Bulldozed ‘Building Restructure Plan’: Orders insolvency instead

 The Coram of Justice R. Sucharitha (Judicial Member) and Anil Kumar B (Technical Member) was of the opinion that the proposed settlement plan resembled more to a ‘Business Restructuring Plan”, and thus based on ambiguity, dismissed the application. The application had originally sought for liquidation of the Corporate Debtor in case of any default in the proposed Settlement Plan.

 Read more here: https://bit.ly/3kP46u7


Securities Appellate Tribunal


  • The word ‘liquid instrument’ wide enough to include ICDs while ‘Corporate’ substantiates the Prospectus: States assumption ‘stretched a bit too far’

 The word ‘including’ is a term of extension. It imports addition and is generally used to enlarge the meaning of the preceding words. Therefore, it could include any other debt instrument such as ICDs. “Liquid instrument” means an instrument which is easily tradable, ie, an instrument which is available at the drop of a hat. An instrument which can be securely, and quickly exchanged for legal tender or which can be converted to hard cash or which can be readily converted to cash. The mere fact that the word “ICDs” was not indicated specifically in the interim use of funds in the prospectus does not mean that the interim use of funds cannot be deployed in the ICDs and can only be deployed to such instruments which were indicated in the prospectus”.

 Read more here: https://bit.ly/3gU2oH4


Securities Exchange Board of India


  • Titan on Insider Trading-Violations by 6 employees of TCL attracts Penalty | Holds-contravention disregards both honest and dishonest ignorance

As postulated by legal maxim ‘ignorantia juris non excusat’, ignorance of law is no excuse and everyone is presumed to know the law of the land. A person cannot defend his illegal actions by stating that he was not aware his actions were illegal, even if he honestly believed that they were not breaking the law”.

Read more here: https://bit.ly/3kLHPxr

  •  On not finding any justifiable reason to revoke interim ex-parte order, continues to stand–Protects the interests of investors

Madhabi Puri Bach, Whole Time Member, on not finding any justifiable reason to revoke or modify the directions issued against the Noticee concluded that the findings in the interim order continue to stand at prima facie level, was of the opinion that the Noticee was prima facie, in contravention of various provisions of the IA Regulations and the PFUTP Regulations, as outlined in the Interim Order.

Read more here: https://bit.ly/2Vb9P4U

  • Carrying out mutual funds with DGP scheme and an Investment Adviser but with no registration | Orders to pay the amount along with several other restrictions

G Mahalingam, Whole Time Member, considering the factual chain and evidence directed the Noticees to cease and desist from sponsoring and/ or carrying out activities of a mutual fund and as investment advisers, including the activity of representing through any media (physical or digital) schemes for collection of funds, directly or indirectly along with the liability to pay jointly or severally the due amount of Rs. 87,33,17,200 to the investors along with certain other restrictions.

Read more here: https://bit.ly/3DF9skA

  • Deliberate act of creating fictitious volumes distorting market equilibrium suffers a monetary penalty even in the absence of disproportionate gains

Maninder Cheema, Adjudicating Officer, while affirming the violations under Regulation 3 (a), (b), (c), (d) and 4 (1) and 4(2)(a) of PFUTP Regulations, imposed a monetary penalty of  Rupees Five Lakh, under Section 15-I of SEBI Act.

Read more here: https://bit.ly/3BAlEBi

  •  Specious Portfolio, Spurious Manager -Deceptive Portfolio Manager with a real-looking-fake website caught and handled suitably

 S.K. Mohanty, Whole Time Member while exercising the powers under Sections 11, 11(4),11B (1) and 11D, read with of Section 19 of the SEBI Act, 1992 and regulation 11 of the PFUTP Regulations, 2003, while disposing of the allegations levelled in the interim order held, the Noticees shall within a period of three months, refund the money received from the clients/investors/complainant, as fees or consideration or in any other form, in respect of their unregistered investment advisory activities and portfolio management services, with certain other restrictions and compliances.

 Read more here: https://bit.ly/3n2LoSu

  •  Jammu & Kashmir government exempted from Takeover regulations for the proposed acquisition of equity shares of Jammu and Kashmir Bank

S.K. Mohanty, Whole Time Member, exempted the Government of Jammu and Kashmir, from complying with the requirements of Regulation 3(2) of the Takeover Regulations with respect to the Proposed Acquisition of 6.06% equity shares in the Target Company viz., Jammu and Kashmir Bank Limited during the Financial Year 2021-22, through the proposed preferential allotment as mentioned in the Application

 Read more here: https://bit.ly/3jy8HBD

  •  To bring the proceedings initiated to a logical conclusion-Certificate of registration fails to survive

 G Mahalingam, Whole Time Member while exercising the powers conferred under Section 19 of the Securities and Exchange Board of India Act, 1992 read with Regulation 27 of the SEBI (Intermediaries) Regulations, 2008 cancelled the certificate of registration granted Sai Soft Securities Private Limited.

 Read more here: https://bit.ly/3yAclzb

  •  To insulate the interest of the investors from impostures — Issues order for debarment

 Section 11 of SEBI Act casts a duty on the Board to protect the interests of investors in securities and to promote the development of and to regulate the securities market”.

 Read more here: https://bit.ly/3jAhBP9

  •  Failure to furnish the mandate results in restriction from the market which became a mandate thereafter

 “ …penalty under Sections 15A(a) and 15HB of the SEBI Act, 1992, only, is attracted and not the penalties under Section 15HA of SEBI Act, 1992 and Sections 23E and 23H of 78 SCRA, 1956”.

 Read more here: https://bit.ly/3mWd9fO

  •  ZEE insider trading: Interim ex-parte order bars 15 entities

 “The insider trading activity not only causes notional monetary loss to investors but also has the effect of interfering with the development of securities market, as investor tend to lose faith in the securities market. The same is detrimental to the development of the securities market and qualifies as an “irreparable injury. The objective of SEBI as enshrined in the SEBI Act is not only the protection of investors but also orderly development of securities market”.

 Read more here: https://bit.ly/2YaBsvW

  •  Unambiguous Supreme Court, Univocal SEBI | Believes and balked, mens rea to shudder provisions of Chapter VI A- If imputes would impede

 “…mens rea is not an essential element for imposing penalty under Chapter VI A of the SEBI Act. The Supreme Court has unambiguously stated that imputing mens rea into the provisions of Chapter VIA is against the plain language of the Statute and frustrates entire purpose and object of introducing Chapter VIA to give teeth to the SEBI to secure strict compliance of the Act and the Regulations”.

Read more here: https://bit.ly/3zz2c7f

High Court Round UpLegal RoundUp

Here’s a short recap of what we covered under the High Court’s section on the SCC Online Blog for the month of August 2021. In case, you missed out on catching up with some interesting cases, then, you have clicked on the right post to be read.

Go ahead and check out the August updates of 2021!


Allahabad High Court


Murder

  • Brutal and Heinous Double Murder Case of Wife & Daughter || Criminal Conspiracy, generally hatched in secrecy [All HC’s critical ruling]

 High Court noted the fact that it was a brutal and heinous double murder case, in which a helpless mother, who blindly trusted upon the co-accused, Shamshad and living with him for the last 5 years and her little daughter had been flagitiously killed and their dead bodies had been hid by the co-accused Shamshad with the help of his brother-in-law in the floor of the room.

 Read more here: https://bit.ly/3mNE5hB

 Negotiable Instruments Act

  •  For offence of dishonour of cheques, what needs to be given priority – Compensatory aspect or Punitive aspect?

 Merely because the litigation has reached a revisional stage or that even beyond that stage, the nature and character of the offence would not change automatically and it would be wrong to hold that a revisional stage, the nature of offence punishable under Section 138 NI Act should be treated as if the same is falling under table-II of Section 320 IPC.

 Read more here: https://bit.ly/3t9hihu

 Writ of Habeas Corpus

  •  “Writ of habeas corpus is a festinum remedium”; All HC rejected issuance of writ at the behest of a husband to regain his wife as no prima facie case of unlawful detention is made out

 “…the exercise of the extraordinary jurisdiction for issuance of a writ of habeas corpus would be dependent on the jurisdictional fact where the applicant establishes a prima facie case that the detention is unlawful.”

Read more here: https://bit.ly/3BtEBoY

Paedophilia

  • “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.

Read more here: https://bit.ly/3Dythd5

Bail Application

  • Minor girl raped and entire family was asked to convert their religion; Bail rejected

 “…considering the seriousness of the matter and minor daughter was raped and entire family was asked to convert their religion…”

Read more here: https://bit.ly/3gQ2IX5


 Bombay High Court


Opportunity of Hearing

  • Denial of urgent hearing by DRT: Court says opportunity of hearing is integral part of constitutional philosophy well embedded in Arts. 14 and 21

“…opportunity of hearing is an integral part of our constitutional philosophy and it is well embedded in Articles 14 and 21 of the Constitution of India.”

 Read more here: https://bit.ly/38pBOk7

 Right to Education Act

  • Can minority educational institution refuse admission to autistic child contravening statutory direction given before grant of minority status? Court answers

The disobedience of the directives issued by the Education Department cannot be condoned by obtaining certificate as minority education institution subsequently.

 Read more here: https://bit.ly/2V2jT01

Principle of Double Jeopardy

  • Do principles laid under S. 300 CrPC and principle of double jeopardy under Art. 20(2) of Constitution differ? Explained

 Bombay High Court while setting aside an impugned order explained the slight difference between principles laid down under Section 300 of the Criminal Procedure Code, 1973 from the principle of double jeopardy under Article 20 (2) of the Constitution of India.

 Read more here: https://bit.ly/3mJGzxv

 Registration Act

  •  Does a Registering Officer has right to decide whether person presenting document for registration has marketable title or not? Court answers

 It is well settled that when a property is sold by public auction, in pursuance of an order of the Court and the sale is confirmed by the Court in favour of the purchaser, the said becomes absolute and the title vests in the purchaser. A sale certificate is issued to the purchaser only when the sale becomes absolute.

Read more here: https://bit.ly/3sZ1yxs

Domestic Violence Act

  • Concept of ‘continuing offences’ & limitation under Domestic Violence Act: Explained

“…concept of continuing cause of action and continuing offence needs to be appreciated from the point of view of the aggrieved person i.e. wife.”

 Read more here: https://bit.ly/3gQ7eF1

Income Tax Act

  • When is the intimation for setting off of refunds against tax remaining payable under S. 245, Income Tax Act, be given? Bom HC answers

“…intimation is to be given prior to the officer sets off the amount payable against the amount to be refunded. It can be neither simultaneous nor subsequent.”

 Read more here: https://bit.ly/2WD0N16

Fair Reporting

  • What is legitimate scope of a court reporter? When does a court reporter crosses line? Bom HC lays down

“…with modern communications technology, the nature of reporting — often from the well of the Court itself — has radically changed: we often now see updates going out every few minutes on digital media.”

“…a fleeting impression by a journalist of the value of evidence is entirely beyond his or her legitimate scope. Such a journalistic pronouncement becomes unacceptable when it is conveyed to the reading audience or public as something already decided, or about which no other view is possible.”

Read more here: https://bit.ly/3mM8yMS

 POCSO Act

  •  If a minor is made to succumb to penetrative sexual assault by various customers and is induced into prostitution, will person responsible for the same be punishable under POCSO Act? HC explains

Even according to the victim, she was lodged in the house of the appellants for a period of about a month and was subjected to sex twice a day.

Read more here: https://bit.ly/3sY9S0o

Outraging Modesty of Woman

  • Bom HC on ‘Outraging Modesty of Woman’ | Would throwing love chit on person of a married woman amount to outraging her modesty? Read on

 The modesty of a woman is her most precious jewel and there cannot be a straitjacket formula to ascertain whether modesty is outraged.

Read more here: https://bit.ly/3t1krj7

Dishonour of Cheque

  • Can mere dishonour of cheque amount to abetment of suicide? Bom HC decides

 Mere dishonour of cheque and refusal to pay remaining balance amount involved in the transaction does not amount to abetment to commit suicide.

 Read more here: https://bit.ly/3mThWP7

Domestic Violence Act

  • Husband marrying second time after grant of divorce. Is it ‘domestic violence’ within DV Act? Decrypted

 Section 3 of the D.V. Act defines ‘domestic violence’ in an elaborate manner and it refers to physical abuse, sexual abuse, verbal abuse, emotional abuse and economic abuse. This is in the context of a domestic relation shared between the aggrieved person and respondent.

 Read more here: https://bit.ly/3yw4MJU

Parents and Senior Citizens Act

  • Under the Parents and Senior Citizens Act, is it necessary to find out whether property belongs to parent exclusively or is a shared household in which daughter-in-law has rights? Bom HC deciphers

 The Division Bench of Ujjal Bhuyan and Madhav J. Jamdar, JJ., while explaining the provisions under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 also elaborated upon the concept of shared household and remanded the matter back to the Tribunal for Maintenance and Welfare of Parents and Senior Citizens.

Read more here: https://bit.ly/3kGqBkV

Principle of Equal Pay for Equal Work

  •  Principle of “Equal Pay for Equal Work” does not operate in vacuum, it is not a fundamental right but a Constitutional goal depending on several factors

The principle “Equal Pay For Equal Work” is not a fundamental right but a constitutional goal and entitlement to parity in Pay Scale would depend on several factors such as educational qualifications, nature of the job, duties to be performed, responsibilities to be discharged and experience.

 Read more here: https://bit.ly/2WG50B2

Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

  •  ‘People would be starved of liberty of thought if…’: Know why Bom HC partly stayed IT Rules, 2021

People would be starved of the liberty of thought and feel suffocated to exercise their right of freedom of speech and expression, if they are made to live in present times of content regulation on the internet with the Code of Ethics hanging over their head as the Sword of Damocles.

 Read more here: https://bit.ly/3gNwN9V

Contempt Case

  •  ‘Judiciary’s dignity cannot be tarnished by irresponsible content’: Bom HC closes contempt case against person uploading contumacious content against Goa District Judiciary on YouTube & WhatsApp

 “Court has the duty of protecting the interest of the community in the due administration of justice and, so, it is entrusted with the power to punish for its contempt.”

 Read more here: https://bit.ly/3kHnJEE

Defamation

  •  Gangubai Kathiawadi | Can an adoptive son file for defamation of deceased mother? Bom HC decodes

 “The law on the principle of Torts that an action dies with the person, in a defamation proceedings is required to be appreciated.”

 Read more here: https://bit.ly/3BuKmTk

 Divorce

  •  No decision on divorce petition, yet wife creates matrimonial profile expressing will for second marriage. Can this be a ground for divorce?

“…conduct of the respondent to perform the second marriage and not to lead the life with the appellant is writ large from the fact that she did not apply for restitution of conjugal rights.”

 Read more here: https://bit.ly/2YhZ6qF


Calcutta High Court


 Bengal Post Poll Violence

  • CBI probe ordered in the investigation after NHRC report; Court also constitutes SIT of all IPS officers to install faith of the people in rule of law

 During the discussion of the matter the Court clarified major issues in the arguments the first being the, “duration of the post poll violence”, “election commission’s duty on law and order” and the “bias” of the three-member committee as pointed out by the counsel for the respondents.

Read more here: https://bit.ly/3mNBSTj

Trademark Infringement

  • Cal HC restrains use of registered mark prominently used in infringer’s otherwise different packaging

 In the instant application for infringement and passing off of the petitioners’ registered trademark “GANESH”, it was directed against the respondents who were carrying on a partnership firm in the name of “GANESH DEPARTMENT STORES”.

Read more here: https://bit.ly/3jxLv6y


Chhattisgarh High Court


Human Rights Commission

  •  Can Human Rights Commission pass an order directing payment of compensation? HC answers in light of instant facts

The petitioner in the instant petition challenges the legality and validity of the order dated 26.10.2009 passed by respondent 3 who have directed the petitioner to make a payment of Rs. 10,000/on account of professional negligence alleged to be committed by him.

Read more here: https://bit.ly/38rINsX

Unnatural Sex

  • “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.”

Read more here: https://bit.ly/3yxKaRp

 Property

  • Can writ court decide whether Nazul property (lease hold lands) be dedicated for waqf? HC observes

 “…the writ Courts ordinarily do not decide abstract principles of law. If a proper lis is brought before the Court between the contesting parties on the given set of facts, the competent jurisdictional Court will decide the legal position.”

Read more here: https://bit.ly/2V0ymte


Delhi High Court


 Negotiable Instruments Act

  •  Does a decree automatically follows when a Metropolitan Magistrate take cognizance of an offence under S. 138 NI Act? Read on

 Read more here: https://bit.ly/3gQqoe5

 Income tax Act

  • Issuance of prior show cause notice and draft assessment order under S. 144B (7) of Income Tax Act: Is it a mandatory condition before issuing final assessment order? HC answers

 High Court opined that Section 144B (7) of the Income Tax Act, 1961 mandatorily provides for issuance of a prior show cause notice and draft assessment order before issuing the final assessment order.

 Read more here: https://bit.ly/38trTu2

Trade Marks Act

  •  Whether S. 124 of Trade Marks Act provide for stay of action against passing off? Read on

 There is no such occasion arising in a suit for passing off. It is only when clever drafting discloses the intent of the plaintiff to get over the statutory bar, being aware of the rectification proceedings commenced against the trade mark that it claims is exclusively it’s own.

 Read more here: https://bit.ly/3DxqMru

  •  Determination of territorial jurisdiction of Court in matters relating to trademark infringement: HC discusses

 Considering the nature of business, the prior relationship of the parties, and the business format of establishing franchisees, it cannot be assumed that the Plaintiffs’ allegations are mis-founded or could be construed as false, in absence of any documentary proof.

 Read more here: https://bit.ly/3BrQ74f

  •  Del HC grants interim injunction in favour of DPS Society against Infringement of trademark and crest logo by Delhi Public International School

 “Besides, considering that parties are in the field of education, deliberate adoption by the Defendants of impugned trade marks and logo that are deceptively similar and/or identical to the Plaintiff’s registered trade marks/names and logos can cause confusion in the minds of the parents, prospective students and staff desirous of securing admission or availing services, seeing the advertisements, promotional material, admission forms, boards/ hoardings, etc.”

 Read more here: https://bit.ly/3gOhAFy

Anti-Profiteering Case

  •  Proceedings against Subway Systems (India) dropped in anti-profiteering case against franchisee

 Bench opined that it is settled law that in order to have the locus standi to invoke the extraordinary jurisdiction under Article 226 of the Constitution of India, the applicant should ordinarily be one who has a personal or individual right in the subject matter of the application.

 Read more here: https://bit.ly/3t3KR3V

 Employer’s Negligence

  •  Due to employer’s negligence, an employee suffered 100% disability | Read how Del HC emphasises on principle of res ipsa loquitur and strict liability to pronounce decision

 Anup Jairam Bhambhani, J., emphasizing the principle of res ipsa loquitur and placing a detailed explanation on the same granted just and fair compensation to a person who was 100% disabled due to an accident at his place of work.

 Read more here: https://bit.ly/38qs5ds

Bail

  •  Bail granted to a young mother accused in murder of her tutor with whom she had illicit relationship

 Rajnish Bhatnagar, J. granted bail to a young mother of two minor children, who was booked in connection with the murder of her tutor with whom she had an illicit relationship.

Read more here: https://bit.ly/3yy8CCm

  •  Wife commits suicide after speaking to husband on mobile phone, husband suspicioned to have instigated wife| Read whether Del HC grants bail to husband

 Mukta Gupta, J., decided a bail matter wherein the husband suspicioned to have instigated the wife to commit suicide.

 Read more here: https://bit.ly/3ysAXtz

 Arbitration

  •  Can a party unilaterally appoint an Arbitrator of their choice? Read on

 Suresh Kumar Kait, J., reiterated that no party could be permitted to unilaterally appoint an Arbitrator, as the same would defeat the purpose of unbiased adjudication of the dispute between the parties.

 Read more here: https://bit.ly/2V31OyN

  • Whether once a bench of SC has doubted correctness of an earlier bench of co-equal strength, and referred the issue to a larger bench, Courts lower in hierarchy should continue to follow earlier decision – Is it debatable?

The question of whether, once a bench of the Supreme Court has doubted the correctness of an earlier bench of co-equal strength, and referred the issue to a larger bench, Courts lower in hierarchy should continue to follow the earlier decision, appears to be debatable.

 Read more here: https://bit.ly/3zBGpfk

 Domestic Violence Act

  • Provisions of DV Act cannot be used as a ploy by son, to either claim a right in his father’s property or continue to retain possession of father’s property, on strength of his wife’s right of residence: Del HC

 “…all cases of family disputes cannot be characterised as cases under the DV Act.”

 Read more here: https://bit.ly/3kFg9u5

 Abetment of Suicide

  •  Issuing a legal notice and filing a complaint case against someone, would that amount to abetment of suicide? Del HC deciphers

 Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing.

 Read more here: https://bit.ly/2Yi46vr

Bank Guarantee

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

 There is no judicial finding that a Bank Guarantee cannot be encashed during its validity.

 Read more here: https://bit.ly/3zwV9Ms


Gauhati High Court


 

Rape

  •  Both victim and accused are State’s future assets”; HC grants bail to IIT student accused of raping his junior

 “Both the informant/victim girl and the accused were the state’s future assets being talented students pursuing technical courses at the I.I.T., Guwahati, who were young in the age group of 19 to 21 years only, the continuation of detention of the accused was not necessary.”

 Read more here: https://bit.ly/3kArsnk

Violence against Doctors

  •  Mere installation of CCTV cameras in hospitals is not enough; HC directs to connect Hospital cameras to the nearest Police Station

 The Division Bench comprising of Sudhanshu Dhulia, CJ, and Manash Ranjan Pathak, J., directed to connect CCTV cameras of Hospitals to the nearest Police Station to put a check on increasing instances of violence against medical practitioners amid Covid-19.

Read more here: https://bit.ly/3ywQWXJ

COVID Vaccine

  •  Opportunity to be heard to be given to the Air Force officer who refused to take the Covid vaccine; Court directs IAF to reconsider the case afresh

 Read more here: https://bit.ly/3kG29jN

 Property

  •  Appellate court’s reasoning of non-examination of scribe of Will wrong; Court allows appeal calling it serious error of law

 A.P. Thaker, J., allowed a petition which was filed aggrieved and feeling dissatisfied with the judgment and decree of the Appellate Court in the connection for the partition alleging that the properties were of the joint family properties and possession of 1/2 share in the suit property.

Read more here: https://bit.ly/3t3NzX9

 Detention

  •  State Authorities cannot be permitted to resort to stringent provisions like detention under PASA; Court allows petition

 When the State on the whole and the economy, in particular, is trying to regain the momentum post COVID, such hanging sword situation can not be permitted to continue.

Read more here: https://bit.ly/3h7PSUv

  • Distinction between ‘the law and order’ and ‘the public order’ needs to be kept in mind; Court decides in matter of detention under Gujarat Land Grabbing (Prohibition) Act, 2020

 If any citizen faces action from the State and if he resorts to the legal remedy available to him, and if the citizen is protected, any attempt to obstruct it, may be viewed very seriously and even the option of initiating proceedings under the Contempt of Court Act, can also be explored. However, the matter here had not reached that far.

Read more here: https://bit.ly/3zzYES6


Himachal Pradesh High Court


 

Bail

  •  “Bail petition silent about criminal history”; Bail denied due to lack of justification to overcome the rigors of S. 37 of the NDPS Act

 Anoop Chitkara, J., dismissed the petition and rejected bail to the accused as he was unable to justify and overcome the rigors under Section 37 NDPS Act.

Read more here: https://bit.ly/2WFBzzi

Sexual Offence

  •  Victim of sexual offence cannot have any locus standi to approach Court for quashing FIR registered for the sexual assault alleged

 Read more here: https://bit.ly/3zEyhuA


Jammu and Kashmir and Ladakh High Court


First Information Report

  •  Can FIR containing allegations which set police in motion, be quashed at threshold stage? HC answers

 “It is not proper to scuttle away the investigation at its thresh-hold stage, if FIR discloses the commission of offences; High Court should not interfere with the investigation which would amount to stalling the investigation and jurisdiction of statutory authorities to exercise powers in accordance with the provisions of criminal Code.”

 Read more here: https://bit.ly/3tgmXCx

 Triple Talaq

  •  Can Shayara Bano’s judgment be invoked retrospectively to declare triple talaq pronounced before Shayara Bano’s case null and void? HC answers

 Sanjeev Kumar, J., held that the judgment of Shayara Bano v. Union of India,(2017) 9 SCC 1has retrospective application and can be invoked to declare triple talaq pronounced before Shayara Bano’s judgment null and void.

 Read more here: https://bit.ly/3yB079z


Karnataka High Court


Animal Cruelty

  •  Kar HC takes up suo motu cognizance over incident of Monkey Deaths; Art. 21 protects ‘animal life’ which is necessary for human life

 The Court took up suo moto cognizance of large number of monkey deaths on the roadside in Belur Taluk of Hassan District on Wednesday night after 15 alive monkeys who were put in a large bag were found as per news reports published in the leading newspapers – Deccan Herald, Indian Express, Times of India, Prajavani, etc.

Read more here: https://bit.ly/2WE0mUb

 Amazon – Flipkart

  •  Kar HC dismisses prayer that sought to restrain CCI from investigating into deep discounting practices and biased treatment of select sellers

 Read more here: https://bit.ly/2WE0umD

 Judicial Order

  •  Can Court through a judicial order confer on the ‘Administrator’ a power to renew Fixed Deposits of investors? What other powers can be conferred? HC elaborates

 “There is no one who can effectively deal with the investors. Therefore, the question is whether a retired Senior Bank Official can be appointed as an Administrator who will ensure that the day-to-day activities of the Credit Co-operative will continue.”

 Read more here: https://bit.ly/2WFcMei

 Supplementary Charge Sheet

  •  “Supplementary charge sheet is only an additional material collected against the accused persons”; S. 167(2) CrPC not applicable on supplementary charge sheets filed

 Section 167(2) of Cr.P.C., is applicable only when charge sheet is not laid down and it starts operative when accused is arrested during the course of investigation, but if charge sheet is filed against particular accused and supplementary charge sheet is submitted against other accused or for additional evidence, the provisions of Section 167(2) of Cr.P.C., cannot be applicable.

 Read more here: https://bit.ly/3yyXo0f


Kerala High Court


Arbitration

  •  Syllogistic scope of Ss. 11(5) and 11(6) of the Arbitration Act, 1996; HC unclouds the line

 Devan Ramachandran, J., held that parties to arbitration cannot nominate the arbitrator even if the Arbitration Agreement provides so.

Read more here: https://bit.ly/3zuGVeS 

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.

Read more here: https://bit.ly/3jxrH39

Rape

  •  Penetration between thighs of the victim held together; will it fall within the ambit of Rape? HC answers

 “We cannot assume that, she would be able to narrate the specific details of repeated acts merely from her imagination. Moreover, the language and expressions used by her for describing the sexual acts and the sexual organs clearly convey her unfamiliarity with the sexual acts…We cannot expect that an ordinary school going girl from a village area would have such capacity to imagine stories of that nature for falsely implicating the appellant.”

 Read more here: https://bit.ly/3DDchlQ

Sentence

  •  Ker HC temporarily suspends sentence of imprisonment to allow the applicant to perform religious rites and rituals of his deceased mother

 The Division Bench comprising of K. Vinod Chandran and Ziyad Rahman A.A., JJ., temporarily suspended the sentence of the applicant to allow him to perform religious rites and rituals of his deceased mother.

Read more here: https://bit.ly/3gL18px

 Maternity Leave

  •  Such orders undermine confidence and morale of women; HC directs Kerala to reinstate the woman terminated for unauthorised absence on availing maternity leave

 “Life as a new mother is like being on a roller-coaster and being a working mother is tougher. The minutiae of motherhood can never be properly contemplated and it involves navigation through myriad daily issues, which ultimately determine the health and future of the child.”

 Read more here: https://bit.ly/2Ya0j2Z

 CGST

  •  CGST registration; HC dismisses petition challenging cancellation registration on observing undue delay and carelessness on part of petitioner

 “The petitioner was sleeping over its right after cancellation of its registration. There is undue delay even in filing an application for revocation of registration so also even in approaching this Court.”

 Read more here: https://bit.ly/3mP2pj7

Birth/Death Certificate

  •  Mandatory discloser of Father’s name in Birth/Death Certificate is violative of Fundamental Right; HC directs State to provide separate forms for Single Mothers

 “Requiring the petitioner to leave the column regarding the details of father as blank for the issuance of a certificate of birth or certificate of death necessarily affects the right of dignity of the mother as well as the child.”

Mandatory Requirement for Disclosing Father’s name in Birth/Death Certificate

 Read more here: https://bit.ly/2WCSr9t

 Socially and Educationally Backward Classes

  •  State government has no power to specify any class of persons as socially and educationally backward; HC stays order specifying Nadars (Christian) as socially and educationally backward

 B. Suresh Kumar, J., held that the State Government has no power to specify any class of persons as socially and educationally backward for the purposes of the Constitution since only the President is entitled to specify the socially and educationally backward classes in relation to a State after due consultation with the Commission set up under Article 338-B of the Constitution.

Read more here: https://bit.ly/3gQsHOa


 Madras High Court


Right to be Forgotten

  •  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.

Read more here: https://bit.ly/3mMJPrW

Reservation

  •  Whether 10 % reservation of Economically Weaker Section can be provided in All India Quota medical seats without SC’s approval? Detailed Record

If a pool of seats is available to candidates from all over the country, irrespective of an individual’s place of residence, the State-wise reservation, which is based on demography of the State, cannot hold good for the entire country as the mix of socially backward classes would differ from region to region even within a State.

 Read more here: https://bit.ly/3DyYAEK

 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.”

 Read more here: https://bit.ly/38rIVsj

 Tamil Nadu Gaming and Police Laws (Amendment) Act, 2021

  •  Judiciary, Legislature and Morality-A jamboree for the online gaming adherents | Holds the statute invalid in ‘every pore’ that ‘cries out’ to be so

” There appears to be a little doubt that both rummy and poker are games of skill as they involve considerable memory, working out of percentages, the ability to follow the cards on the table and constantly adjust to the changing possibilities of the unseen cards. Poker may not have been recognised in any previous judgment in this country to be a game of skill, but the evidence in such regard as apparent from the American case even convinced the Law Commission to accept the poker as a game of skill in its 276th Report”.

 Read more here: https://bit.ly/38sZrZd

 Case Flow Management

  •  Dictum in Salem Advocate Bar Assn. continues to guide courts all over the country; Court finds no reason to formulate new rules to regulate case flow management in the State

 The Division Bench of Sanjib Banerjee, CJ and P.D. Audikesavalu, J., took up a petition which involved issuance of a Writ of Mandamus directing the respondent Madras High Court to take appropriate steps for framing Rules for Case flow management system and for monitoring of all cases by Courts in Tamil Nadu in true spirit and letter incorporating all directions of Supreme Court at the earliest.

Read more here: https://bit.ly/38uIFco


Madhya Pradesh High Court


Bail

  •  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.”

 Read more here: https://bit.ly/3BtNcIf

  •  Possession of cough syrup or medicine containing Codeine Phosphate without valid documents falls under S. 37 of the NDPS Act; Court rejects bail application

 “…if anyone was found in possession of cough syrup or medicine containing Codeine Phosphate without valid documents, then the case will come under the stringent provisions of the NDPS Act.”

 Read more here: https://bit.ly/3mR0afo

 Prevention of Corruption Act

  •  When can the issue relating to absence of sanction or the order of sanction being a nullity, be raised? Court discusses

 The Division Bench of Prakash Shrivastava and Arun Kumar Sharma, JJ., dismissed a petition in which the issue was deciding whether the order granting sanction can be challenged at the particular stage or the objection in this regard was required to be raised by the petitioner during the trial and the issue was to be decided by the trial Court on the basis of the evidence.

 Read more here: https://bit.ly/38wI0a6

 Transgender Cards

  •  M.P. State Legal Service Authority to provide assistance to transgenders in getting their Identity Cards/Transgender Cards; State directed to ensure other benefits

 The Division Bench of Mohammad Rafiq, CJ and Vijay Kumar Shukla, J., decided in the matter of a petition which was filed n in the form of Public Interest Litigation by a Transgender, who is Social Worker and Paralegal Volunteer at Indore, for the welfare of the people of Transgender Community.

 Read more here: https://bit.ly/3DA64XT

 Admit Card

  •  Entry time of admit card of utmost importance; Court dismisses petition praying reconduction of  IPMAT

 The Division Bench of Sujoy Paul and Anil Verma, JJ., dismissed a petition which was filed by 12th grade students and aspirants of taking admission in Integrated Programme for Management (IPMAT) praying to reconduct the examination for students who could not reach the centre due to heavy rains and further restraining respondents to declare the results.

 Read more here: https://bit.ly/38wvCHo

Right to Cross-Examine

  •  Right to cross-examine a witness cannot be curtailed, Court holds trial court should be patient and tolerant in their approach towards the Trial Court lawyers

It is trite that cross-examination is the only tool available to a defence lawyer to test the veracity of a prosecution witness, it is the only way out to an accused to clear his name from the alleged offence hence his right to cross examine a witness cannot be curtailed in such a cavalier manner.

 Read more here: https://bit.ly/2WI47Ir


Manipur High Court


  • Comply with WHO guidelines, ensure water supply in the containment zones; Court issues directions

 The Division Bench of KH. Nobin Singh and A. Bimol Singh, JJ., issued certain directions in response to a Public Interest Litigation which was filed by a resident of Chalou Maning Leikai, contending that after the said village having been declared as a Containment Zone, no water is available for the reason that the Water Tankers are reluctant to come to the area for supply of water.

Read more here: https://bit.ly/3jwaNBT


Meghalaya High Court


 

COVID-19

  •  Primary reasons for vaccine hesitancy in the State not being addressed by the Police; Court directs to identify and book persons for spreading false rumours about vaccines

 Read more here: https://bit.ly/3Bu0J2x


Orissa High Court


Bail

  •  “Suicidal ideation and behaviors in human beings are complex and multifaceted”; What is the scope of bail in cases involving S. 306 IPC? HC examines

 “There is no answer as to why suicides occur because it is impossible to ever fully comprehend or analyze what goes on inside a person’s mind. Suicidal ideation and behaviors in human beings are complex and multifaceted.”

 Read more here: https://bit.ly/38vMH4c

 Illegal Prawn Enclosures

  •  Ori HC took stock of issue of illegal prawn enclosures (‘gheries’) around Indian wetland of international importance, the eco-sensitive Chilika Lake; Laid directions

 “…each of the demolition actions must be videographed to show that not only have they been effectively demolished but all the equipments used have actually been seized and taken away far from the site and detained in the custody of the authority concerned.”

Read more here: https://bit.ly/3ywIckj


Patna High Court


  • 5-Judge Bench of Patna HC directs to demolish entire building of newly erected Waqf Bhawan constructed in close proximity of Centenary Building of the HC; Justice Ahsanuddin Amanullah dissents

“The structure has been constructed in utter and brazen violation of provisions of law across statutes, starting from Section 32 of the Central Act, through the various provisions of the Municipal Act, and finally Bye-law 21, as discussed above, and must be held to be illegal and non-est from the word go.”

Read more here: https://bit.ly/3h9gKn5


Punjab and Haryana High Court


 Property

  •  Apparent case of greediness; HC imposes Rs 1 lakh cost on the son for attempting to oust his old-aged mother and usurp her property

 Calling it unfortunate, Arvind Singh Sangwan, J., dismissed the petition filed by a man who was trying to oust his mother from her property to usurp the same. Additionally, the Bench imposed a cost of 1 lakh Rupees on the petitioner which was directed to be paid to the respondent mother.

Read more here: https://bit.ly/3BuqiRb 

Promotion

  •  Can an employee who has foregone his promotion claim seniority over his juniors promoted earlier than him? HC answers

 Harsimran Singh Sethi, J., held that length of service in the cadre in which the seniority is being prepared is the only relevant factor to be taken into consideration while fixing the seniority.

Read more here: https://bit.ly/3jttGpb

Vacancy

  • Age relaxation cannot be claimed on the basis of CM’ tweet; HC rejects petition seeking relaxation in maximum age for Police Sub Inspectors

 “There is no legal right with the petitioners to claim that all the vacancies should have been advertised prior to 2021 or even to allege that the inaction of the Department in this regard could be termed as violation of any right.”

 Read more here: https://bit.ly/3t1x1z7

 Live-in Relationship

  •  “Unholy Alliance”; HC denies protection to married woman who was residing in live-in with another man

Calling it “unholy alliance”, Sant Parkash, J., denied protection to a married woman who was residing in live-in with another man.

Read more here: https://bit.ly/2V1VyY4

 Divorce by Mutual Consent

  • Amandeep Singh’s case has not been appreciated in its real sense by the Family Court; HC allows waiving off mandatory 6 months period for divorce

 Observing that the couple had settled the matter and were mature to the extent that first petitioner was 34 years old and petitioner 2 was 35 years of age and had been blessed with 3 children; moreover, it was not disputed that the husband was also staying abroad for the last more than two years and they had even settled regarding the children; the Bench opined that in such circumstances, further waiting period would only prolong the proceedings and it was a fit case to exercise the jurisdiction of the Court in waiving off the mandatory period of six months.

Read more here: https://bit.ly/3BvdQR7

 Anticipatory Bail

  •  Evidences point towards complicity of the accused; HC rejects plea for anticipatory bail

 “A free and fair investigation is the backbone of every criminal trial. The criminal trial is a discovery in pursuit of the truth. Without a thorough free and fair investigation, the trial becomes a futile exercise.”

 Read more here: https://bit.ly/2WD0Qtx


Rajasthan High Court


Live-in Relationship

  •  “Live-in relationship cannot be at the cost of social fabric of this country”; Police protection rejected to a live-in couple

 Satish Kumar Sharma J. dismissed the petition and rejected police protection to a couple.

Read more here: https://bit.ly/3DBdASj

 Transfer Petition

  •  Judgments cited by the applicant cannot be made basis as a precedent to infer that the balance of convenience always lies in favour of the wife; Transfer petition allowed

 “In the present case, the place of litigation should not be made an issue by the non-applicant because the applicant-wife is a lady and having no source of income for maintaining herself and her daughter.”

Read more here: https://bit.ly/3mKOUB4

 Investment by State

  •  “The investment made by State for construction of Dams is made redundant if natural flow of water is impeded in any manner”; directs State to take necessary steps

A Division Bench of Indrajit Mahanty, CJ and Vinit Kumar Mathur, J., direct State to inform them regarding steps taken for restoring the land which has been dug-up during the course of operation of the mines.

Read more here: https://bit.ly/2WzfORj

 Missing Person

  •  Addressed plight of kith and kin of missing person; Instructions/guidelines to be adopted by the police officials in the State of Rajasthan laid down

 A Division Bench of Sandeep Mehta and Manoj Kumar, JJ., disposed of the petition, observing that the missing person Shri Prem Ratan expired, as a result of being hit by a locomotive on the railway tracks near Sadulpur/Rajgarh.

Read more here: https://bit.ly/3t56P6D

Study Leave

  •  Study leave can be granted if the course of study is in the interest of the working of government or to service which govt. servant belongs; Court allows petition

 Ashok Kumar Gaur, J., allowed a writ petition which was filed seeking a direction to grant them study leave to undergo their Post-Graduate Medical Course on the seats allotted to them in NEET PG Counselling, 2020.

 Read more here: https://bit.ly/3gPfPrD

 Ex-Gratia Amount

  •  In circumstances of death while on duty, can ex-gratia be allotted as per both unamended and amended rules? Court answers

 “…police personnel who dies while on duty or dies due to act of violence by terrorists or dacoits or criminals or anti-social elements or dies in bomb blasts in public places or in course of conformation with the mob or crowd during agitation, riot or disturbance or due to the circumstances then the benefit of ex gratia would be released.”

 Read more here: https://bit.ly/3kKMDD4


Sikkim High Court


Code of Civil Procedure

  •  Application allowed under Or. VI R. 17 CPC, 1908, seeking amendment to the plaint erroneous; Court explains

 Jitendra Kumar Maheshwari, CJ., allowed a petition which was filed aggrieved by the order allowing the application filed under Order VI Rule 17 of the Code of Civil Procedure, 1908, seeking amendment to the plaint.

Read more here: https://bit.ly/2YgUXmH 

National Food Security Act, 2013

  • Court directs State to examine grievances; ensuring proper implementation of NFSA, 2013

 The Division Bench of Jitendra Kumar Maheshwari and Bhaskar Raj Pradhan, JJ., heard a petition which was filed seeking the implementation of the National Food Security Act, 2013 (‘Act of 2013’) read with Sikkim Foods Security Rules, 2014 (‘Rules of 2014’) for an order directing the State respondents to ensure proper quantity and items of food be provided to the beneficiaries falling under the general and special categories and also falling under the categories mentioned in section 6 of the Amendment Rules, 2017; to duly conduct social audit in order to monitor and evaluate the planning and implementation of the Amendment Rules, 2017 and to constitute an independent committee to investigate, report and find out solution for effective implementation of the Act of 2013.

Read more here: https://bit.ly/38v5TPm

 Sole Testimony

  •  Sole testimony of a deaf and dumb woman, unable to answer questions not reliable enough to convict rape accused; Court dismisses petition

 “…the prosecutrix was a deaf and dumb woman, aged about 50 years, and she had stated about commission of rape with her by the accused.”

 Read more here: https://bit.ly/3BsJYF0


Telangana High Court


Live-in Partner | Bail

  •  Mother allows her live-in partner to sexually assault minor daughter continuously: Bail application rejected

 Sri Devi, J., rejected a bail application on noting the fact that a minor girl was continuously sexually assaulted by her mother’s live-in partner resulting in her getting pregnant.

 Read more here: https://bit.ly/3BxwWG7


Tripura High Court


 

Post-retiral benefits

  •  Court rejects post-retiral benefits of pension and gratuity on false claim of being a reserved category candidate; however, salary already paid not a subject of recovery

 Akil Kureshi, CJ., dismissed a writ petition which was filed aggrieved about non-payment of gratuity and pension after retirement

 Read more here: https://bit.ly/2V7NC7Q

Disciplinary Authority

  • Mere honesty and admission of charge are not the grounds for tampering with the order passed by disciplinary authority; Court dismisses appeal

 “…conduct of the petitioner cannot be seen as a momentary loss of discretion on account of some unacceptable but otherwise explainable reason. The petitioner has tried to put it as a one of lapse on his part as something which is conventional though no longer legal.”

Read more here: https://bit.ly/2YgfnfF


Uttaranchal High Court


Right to Promotion

  •  Right to promotion is not a vested right, however, right to be considered for promotion is a FR; Court issues directions to the State

 The Division Bench of Manoj Kumar Tiwari and Alok Kumar Verma, JJ., heard and disposed of a petition which was filed seeking a direction to the State Government to hold promotion exercise for filling the post of Chief Engineer.

 Read more here: https://bit.ly/3mPGd8p

Legal RoundUpSupreme Court Roundups

“Violation of separation of powers would result in infringement of Article 14 of the Constitution. A legislation can be declared as unconstitutional if it is in violation of the principle of separation of powers.“

Madras Bar Assn. v. Union of India, 2021 SCC OnLine SC 463


Unmissable Stories


Kidnapping for Ransom

No conviction under Section 364A IPC if kidnapper treats victim in “a good manner”: Supreme Court

 “The offence of kidnapping having been proved, the appellant deserves to be convicted under Section 363. Section 363 provides for punishment which is imprisonment of either description for a term which may extend to seven years and shall also be liable to fine.”

Read more…


Right of Promotion

Govt must reserve posts for promotions for persons with disabilities even under 1995 PwD Act; explore other methods to avoid stagnation: Supreme Court

 “There cannot be methodology used to defeat the reservation in promotion. Once that post is identified, the logical conclusion would be that it would be reserved for PwD who have been promoted. The absence of rules to provide for reservation in promotion would not defeat the rights of PwD to a reservation in promotion as it flows from the legislation.”

Read more…


Rash Driving

Sending accused to jail 26 years after the incident of rash driving, harsh: Supreme Court

 In a case dating back to the year 1995 where a bus driver had caused an accident, thereby injuring a driver of a car, the 3-judge bench of Ashok Bhushan, Vineet Saran and MR Shah, JJ has upheld the conviction of the bus driver under Sections 279 and 338 of IPC but has held that sending the accused to jail after 26 years would be harsh.

Read more…


Arbitration Proceedings

Explained: Maintainability of counter claims in arbitration proceedings under Section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006

The bench of Ashok Bhushan and R. Subhash Reddy, JJ has held that the Micro, Small and Medium Enterprises Development Act, 2006, being a special Statute, will have an overriding effect vis-à-vis Arbitration and Conciliation Act, 1996, which is a general Act.

Read more…


Dowry Death

Does merely residing in the same house make in-laws accomplice in a dowry death case? Supreme Court answers

In an appeal regarding the dowry death case the Division Bench of Navin Sinha and R. Subhash Reddy, JJ., granted acquittal to an old aged couple.

Read more…


Public Officers

Read SC’s opinion on HC’s developing a practice of calling upon Public Officers at drop of a hat and exerting direct or indirect pressure

 Public officers should not be called to Court unnecessarily. Dignity and majesty of the Court is not enhanced when an officer is called to Court. Respect to the court has to be commanded and not demanded and the same is not enhanced by calling public officers.

Read more…


Delhi Riots

SC puts fetter on exercise undertaken by Delhi Legislative Assembly’s Committee enquiring into Facebook’s role in aggravating Delhi Riots last year; Says FB representatives will have to appear

“Facebook has the power of not simply a hand but a fist, gloved as it may be.”

The Court was not convinced by the simplistic approach of Facebook, and was of the view that the business model of intermediaries like Facebook being one across countries, they cannot be permitted to take contradictory stands in different jurisdictions.

Read more…


Murder Conspiracy

SC sets aside bail granted to man accused of murder conspiracy; Says mere examination of aggrieved after rejection of earlier bail is no change in circumstances

The Bench of N.V. Ramana, CJ and A.S. Bopanna and Hrishikesh Roy, JJ., reversed the order of the Rajasthan High Court granting bail to the accused alleged to have conspired in the murder of her sister’s husband.

Read more…


Employment

“Objective of Milk Federations is not to give employment but increase milk production”; SC reverses HC order favouring employees in a revised pay scale dispute

“The objective of the Federation was not to give employment but to increase milk production in the State. The employees are facilitators of the employer to achieve such objective and thus demanding enhanced wages without considering the objective and financial condition of the employer would not be ideal. The employer and the employees have to work together to achieve the objective of the organisation i.e. white revolution…”

Read more…


Disposal of Cases

“If this is how proceedings will go on …”: SC accentuates importance of succinctly framed written synopsis;  time-bound oral arguments; crisp, clear and precise judgments

 In a postscript to its 188-pages long judgment in Ajit Mohan v. Delhi Legislative Assembly (wherein it was held that representatives of Facebook will have to appear before the Committee constituted by Delhi Legislative Assembly for looking into Facebook’s role in aggravating Delhi Riots which broke out last year), the 3-Judge Bench of Sanjay Kishan Kaul, Dinesh Maheshwari, and Hrishikesh Roy, JJ. stressed upon the need for timely disposal of cases. The way forward, in dealing with the likely post-COVID surge in number of cases pending adjudication, was also discussed.

Read more…


Victims Compensation 

Direction to deposit Rs 2 lakh compensation for victims as a condition for grant of bail: SC says not permissible

 “…in cases of offences against body, compensation to the victim should be a methodology for redemption. Similarly, to prevent unnecessary harassment, compensation has been provided where meaningless criminal proceedings had been started. Such a compensation can hardly be determined at the stage of grant of bail.”

Read more…


Money Laundering

SC grants bail to Alok Kumar Agrawal, former in-charge of Chhattisgarh’s Water Resources Department in money laundering case

 In a corruption case involving misappropriation of more than Rs 30.00 crores, the Division Bench comprising of Indira Banerjee and V. Ramasubramanian, JJ., granted bail to Alok Kumar Agrawal, former In-charge Executive Engineer of Chhattisgarh’s Water Resources Division, who was booked under Prevention of Money Laundering Act, 2002.

Read more…


Section 184 of Finance Act, 2017

 SC invokes independence of judiciary, separation of powers to invalidate amendments in Finance Act, 2017 prescribing 50 yrs minimum age for appointment to Tribunals, allowances payable to members, term of office

 “The first proviso to Section 184 which prescribes a minimum age of 50 years is an attempt to circumvent the direction issued in Madras Bar Assn. case striking down the experience requirement of 25 years at the bar for advocates to be eligible. Introduction of the first proviso to Section 184(1) is a direct affront to the judgment of this Court in Madras Bar Assn. case.”

Read more..


Back Wages and Retiral Benefits

SC | ‘Rakshak’ in Railway Protection Force, out of employment for a failure to prevent alleged theft. Read whether SC allows back wages and retiral benefits to him

 “…respondents to pay 33% of back wages to the appellant with continuity of service and the appellant shall be paid full retiral benefits by treating him to be in continuous employment.”

Read more…


Franklin Templeton

Consent by majority of unit holders necessary when trustees decide to wind up Mutual Fund Scheme; SEBI (Mutual Funds) Regulations not arbitrary; Reg. 53 is ‘grey area’: SC in sequel to Franklin Templeton matter

 In a sequel to its earlier order directing winding up of six mutual fund schemes of Franklin Templeton Mutual Fund, a Division Bench of S. Abdul Nazeer and Sanjiv Khanna, JJ. ruled that the trustees are required to seek consent by majority of the unit holders, when they by majority decide to wind up a  mutual fund scheme.

Read more…


Study Leave

Relief for doctor who was denied study leave due to COVID-19: SC directs PGI, Chandigarh to reallot post-graduation seat on basis of INICET-2020

 “[In] rare and exceptional cases, a meritorious candidate, who has suffered injustice by reason of his/her inability to secure admission in a medical course, whether under-graduate or postgraduate, due to no fault of his/her own, who has taken recourse to law promptly, without delay, might be granted relief of being accommodated in the same post in the next session.”

Read more…


Kanwar Yatra

Supreme Court closes suo motu case as U.P. government expresses its decision to postpone Kanwar Yatra to next year

 While closing the suo motu case regarding “Kanwar Yatra during pandemic”; the Division Bench comprising of Rohinton Fali Nariman and B.R. Gavai, JJ., directed the authorities to be cautious towards public health and safety.

Read more…


Multi-State Cooperative Societies

Part IX-B of Constitution relating to cooperative societies unconstitutional for want of ratification by half of the States; Provisions relating to multi-State cooperative societies severable and valid: SC

 “When a citizen of India challenges a constitutional amendment as being procedurally infirm, it is the duty of the court to examine such challenge on merits as the Constitution of India is a national charter of governance affecting persons, citizens and institutions alike.”

Read more…


Arbitral Awards

 “If one were to include the power to modify an award in Section 34, one would be crossing the Lakshman Rekha”

Read more…

“…rewriting a contract for the parties would be breach of fundamental principles of justice entitling a Court to interfere since such case would be one which shocks the conscience of the Court and as such, would fall in the exceptional category.”

Read more…


Defects in Plaint

Are Courts empowered to grant time to rectify defects in plaint where the plaint had been rejected under Or. 7 R. 11(d)? SC clarifies

The Division Bench of Dhananjaya Y Chandrachud and M R Shah, JJ., affirmed the judgment of Bombay High Court wherein the Single Judge had held that where the suit appears from the statements in the plaint to be barred by any law, the defects are not curable.

Read more…


Rights of Original Allottee

Will a subsequent purchaser who steps into the shoes of an original allottee of a housing project have the same rights as that of the original allottee? SC explains

 The Bench of Uday Umesh Lalit, Hemant Gupta and S. Ravindra Bhat, JJ., while giving major relief to homebuyers, held that rights of purchasers are the same as that of original allottees.

Read more…


AGR Dues

SC rejects Telecom Service Providers’ application for rectification of errors in calculation of AGR dues as misconceived

 “The dispute relating to AGR dues had remained pending in courts for a very long period of time and bearing this in mind, this Court was at pains to emphasize, at the cost of repetition, that the AGR dues payable by TSPs cannot be the subject matter of any future litigation. The order in Mandar Deshpande, 2020 SCC OnLine SC 758 makes it clear that there is no scope for any recalculation/re-computation of AGR dues.”

Read more…


Section 24-A of SEBI Act

Compounding of offence under S. 24-A of SEBI Act: SC declares SEBI’s consent not mandatory but high deference to its view must be shown before ultimate decision

 Noting that the plain language of Section 24-A does not provide for the consent of SEBI, the Court observed that:

“The issue is whether this Court should read the requirement of the consent of SEBI into the provision, on the ground that this is a casus omissus.”

Read more…


Letter of Intent

Letter of Intent merely indicates party’s intention to enter into contract; no binding relationship at this stage emerges: SC explains in terms of liability of successful bidder

“It is no doubt possible to construe a letter of intent as a binding contract if such an intention is evident from its terms. But then the intention to do so must be clear and unambiguous as it takes a deviation from how normally a letter of intent has to be understood.”

Read more…


Value of Ocular Evidence

Ocular evidence to be disbelieved only when medical evidence rules out all possibilities of ocular evidence being true: Supreme Court reiterates

The Division Bench of Navin Sinha and R. Subhash Reddy, JJ., reiterated the value of ocular evidence while reversing the acquittal of the accused.

Read more…


Criminal Proceedings against Clerk

Real test is to check whether the act was directly concerned with official duty: SC quashes criminal proceedings against clerk accused of conspiring with superiors, for want of S. 197 CrPC sanction

 A Division Bench of Sanjay Kishan Kaul and Hemant Gupta, JJ. upheld Rajasthan High Court’s order whereby it had directed that criminal proceedings against the accused−Lower Division Clerk be quashed, for want of requisite sanction under Section 197 CrPC.

The Court held that in cases where a question of requirement of sanction under Section 197 arises, the real test is to check whether the act committed by the public servant was directly concerned with the official duty.

Read more…


Immunities and Privileges of MLAs

Elected legislators cannot claim privilege or immunity to stand above sanctions of criminal law: SC rules out withdrawal of criminal case against MLAs in 2015 Kerala Assembly ruckus

 “Privileges and immunities are not gateways to claim exemptions from the general law of the land, particularly as in this case, the criminal law which governs the action of every citizen.”

 Read more…


Bank Guarantee 

Is there a scope for interference in case of encashment of bank guarantee? Read on

 Fate of a suit against encashment of bank guarantee still hangs in balance after almost two decades!

Read more…

Tribunals/Regulatory Bodies/Commissions Monthly Roundup

Here’s a run-through of all the significant decisions covered in the month of June, 2021 under the Section of Tribunals/Commission/Regulatory Bodies.


Armed Forces Tribunal

♦ AFT | Pension cannot be denied for disability being less than 20% where the disability is assessed at 15-19%“

The assessment of disability to the tune of 15-19% itself is a doubtful assessment and cannot be final for the simple reason that there is no barometer which can assess the disability percentage to the extent of 1% and therefore, the percentage of disability which has been assessed as 15-19% may be 20% also and there may be variation of at least two percent plus also. In case of doubt as the benefit should always be given to the applicant.”

https://wp.me/scenps-pension


Competition Commission of India

♦ CCI examines if airlines were involved in cartelization resulting in anti-competitive practice during Jat Agitation in 2016 || Synoptic view of Judgment

“…with the use of algorithms, there exists a high possibility of collusion with or without the need of human intervention or coordination between competitors.”

https://wp.me/pcenps-130u

♦ ABFI prohibits State Baseball Associations from joining unrecognised leagues, threatens disciplinary action | CCI to examine such conduct in light of provisions of Competition Act

“ABFI isued communication to its affiliated State Baseball Association requested them no to entertain unrecognized bodies and further by requesting them not to allow their respective State players to participate in any of the tournaments organized by such unrecognized bodies, has violated the provisions of Section 4(2)(c) of the Act as it resulted in denial of market access to other federations.”

https://wp.me/pcenps-130J

♦ CCI | Did Google leverage dominance in Play Store? Director-General to conduct investigation in complaint by smart phone/smart TV users

“..by making pre-installation of Google’s proprietary apps conditional upon signing of ACC for all android devices manufactured/distributed/marketed by device manufacturers, Google has reduced the ability and incentive of device manufacturers to develop and sell devices operating on alternative versions of Android and thereby limited technical or scientific development relating to goods or services to the prejudice of consumers in contravention of Section 4(2)(b) of the Act.”

https://wp.me/scenps-google

♦ Are Tourist Taxi Unions in State of Goa preventing entry of App-based Taxi Aggregator Companies in Goa? Read a detailed account of CCI’s decision

“..despite the opposition of taxi unions, the State of Goa does not appear to have acceded to or conceded to the demands of the OPs and the policy allowing entry of app based taxi aggregators was eventually notified.”

https://wp.me/pcenps-13au

♦ CCI | Co-location facility of National Stock Exchange is anti-competitive? Is the service an autocratic move against traders? Comprehensive Report

A robust exchange acts as a backbone of the financial system and the provision of co-location facility by exchanges help increase volumes of trades manifold and provides liquidity to investors. This augurs well for the market, the companies and the economy.

https://wp.me/pcenps-13aA


Customs, Excise and Services Tax Appellate Tribunal

♦ CESTAT | Assessable Value to include Advertising and Marketing Costs, if relatable to Imported Goods; Tribunal provides relief to Volvo Auto India

https://wp.me/pcenps-1312


Income Tax Appellate Tribunal

♦ ITAT | Whether DTAA protection in respect of taxation of dividend in source jurisdiction, can be extended to ‘dividend distribution tax’ under S. 115-O, Income Tax Act, in the hands of a domestic company? Matter referred to larger Bench

“Whether the protection granted by the tax treaties, under Section 90 of the Income Tax Act, 1961, in respect of taxation of dividend in the source jurisdiction, can be extended, even in the absence of a specific treaty provision to that effect, to the dividend distribution tax under Section 115-O in the hands of a domestic company?”

https://wp.me/scenps-taxation


National Consumer Disputes Redressal Commission

♦ NCDRC | In a case of death insurance claim, can police investigation be replaced by private agency investigation engaged by insurance company? Commission spells out

Inquest is conducted as mandated under the Cr.P.C., Post Mortem is conducted by the concerned government Medical Officer, Investigation is conducted by the Police (a private agency engaged by the Insurance Co. does not substitute for the Police).

https://wp.me/pcenps-12Zd

♦ NCDRC | Builder unilaterally, high-handedly cancels sale agreement on not handing over timely possession: Commission decides builder-buyer dispute, levies interest to be paid by builder

“According to Section 8 of the Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963, if the builder is not able to hand over the possession over the building/flat within the time specified in the agreement then the builder is liable to pay interest to the purchaser of the flat for the period for which the possession has not been handed over.”

https://wp.me/pcenps-139u


National Company Law Appellate Tribunal

NCLAT | Can Banks debit amounts from Corporate Debtor Company after Moratorium Order? Is there an obligation of releasing ‘title deeds’ under Resolution Process? Read on

Banks cannot freeze accounts, nor can they prohibit the ‘Corporate Debtor’ from withdrawing the amount as available on the date of the moratorium for its day-to-day functioning.

https://wp.me/pcenps-12UG


Real Estate Regulatory Authorities

Rajasthan Real Estate Regulatory Authority, Jaipur

♦ Is S. 13 of RERA Act a mandatory requirement? Can promoter demand cost of plot more than 10% before registering sale agreement? | Raj RERA decides

https://wp.me/scenps-rera

Maharashtra Real Estate Regulatory Authority, Mumbai

♦ Can promoter/builder sell covered car parking by charging certain amount? Whether open parking has to be handed to society or can be sold in open market? MahaRERA decides

https://wp.me/pcenps-133Q


State Consumer Forums

State Consumer Disputes Redressal Commission, U.T. Chandigarh

♦ Consumer spending hefty amount has right to ask for record of expenditure. Can service provider evade liability? Read on

…every person who is shredding hefty amount from his pocket towards the services being provided to him, has the right to know as to how, where and in what manner, the same has been utilized.”

https://wp.me/pcenps-12OG

Consumer Disputes Redressal Commission Gujarat State, Ahmedabad

♦ Consumer Forum | Can complainant raise consumer dispute where excess electricity duty is charged? Is he overriding statutory remedy if he already approached the Collector? Read on

“Section 3 of Consumer Proetction Act cannot be said to be inconsistent with Rule 12 of the Electricity Duty Rules.”

https://wp.me/pcenps-12Ns

State Consumer Disputes Redressal Commission, Telangana

♦ Can insurance company repudiate claim if insured suppresses fact of suffering from ailment while taking policy? Telangana State Consumer Forum answers

“If the insurer can show that prior to the date of declaration of being healthy, the insured was suffering with ailment which was within her knowledge but was suppressed, then the insurance company is well within its right to repudiate the claim on the ground of suppression veri.”

https://wp.me/pcenps-134C


Securities Appellate Tribunal

♦ Oscillating Independent Director; SAT to determine independency of Pradip K. Khaitan, independent director of Dhunseri Ventures Ltd.

https://wp.me/pcenps-12PM

♦ SAT | SEBI exonerated preferential allottees, exit providers and LTP contributors from manipulation | SAT terms it ‘cryptic’

https://wp.me/pcenps-135j

♦ SAT | Franklin Templeton gets interim relief | Gives due consideration to the 2 decades’ reputation

https://wp.me/pcenps-138Y


Securities Exchange Board of India

♦ Infosys insider trading | While in possession of Unpublished Price Sensitive Information, 2 employees of Infosys & 6 other entities violated Insider Trading Regulations on Infosys Stock [Detailed Report]

“The liability of acting partners and non-acting partners (collectively known as firm) for the injury to the third party is an outcome of joint and several liability of such partners under IPA, irrespective of whether that the conduct (act of omission or commission of the firm) which gave rise to the loss/injury to the third party is also in violation of any provision under securities law.”

https://wp.me/scenps-infosys

♦ Decoded | SEBI bars Director of Franklin Templeton AMC,  wife from accessing securities markets for 1 yr: Can redemption of units by Director of a mutual fund AMC be titled as fair conduct?

Laws dealing with information asymmetries (PIT Regulations and PFUTP Regulations) essentially seek to address the issues arising out of disparities in access to material information, that is otherwise not legally available to general investors, and to prevent those persons having access to such superior information from exploiting the informational advantage, in order to protect the integrity of the market and maintain investor confidence.

https://wp.me/pcenps-12Vh

♦ SEBI | Not so “independent” Independent director and a concocted scheme with affinity and consanguinity |SEBI takes on each violation with mordant remarks

“…remuneration and qualification are two crucial criterions to evaluate and adjudge the significance of a position held by a person in an organisation and his importance and status in participating in the management of a company.”

https://wp.me/pcenps-133k

♦ SEBI | Kingfisher’s chopped wings and shrinked wingspan | United Breweries Acquisition | Heineken exempted from the obligation under Takeover Regulations with exceptions

https://wp.me/pcenps-135X

Legal RoundUpSupreme Court Roundups

“This Court stands as a staunch proponent of the freedom of the media to report court proceedings. This we believe is integral to the freedom of speech and expression of those who speak, of those who wish to hear and to be heard and above all, in holding the judiciary accountable to the values which justify its existence as a constitutional institution.”

Chief Election Commissioner of India v. M.R Vijayabhaskar, 2021 SCC OnLine SC 364


UNMISSABLE STORIES 


Practice and Procedure

Open for Courts to order house arrest under Section 167 CrPC

In a major verdict, the bench of UU Lalit and KM Joseph*, JJ has held that it is open for Courts to order house arrest under Section 167 CrPC in appropriate cases. The order comes as a milestone for curbing the problem of overcrowded prisons and high cost for their maintenance.

Read more…

Judges need to be extra careful while conducting criminal trials relating to dowry deaths

In a case relating to dowry death, the bench of NV Ramana*, CJ and Aniruddha Bose, J has said that judges need to be extra careful while conducting criminal trials relating to Section 304-B, IPC. The Court went on to summarise the law under Section 304­B, IPC read with Section 113­B, Evidence Act and the guidelines to be followed by the Courts while conducting trials in such cases.

Read guidelines

“No coercive measures to be taken”| Can High Courts pass such blanket orders while refusing to quash investigation? Here’s the law laid down by the Supreme Court

“Granting of such blanket order would not only adversely affect the investigation but would have far reaching implications for maintaining the Rule of Law.”

Read more...

Apprehension of COVID-19 a ground for anticipatory bail: Supreme Court stays Allahabad High Court’s order

The vacation bench of Vineet Saran and BR Gavai, JJ has stayed the Allahabad High Court’s order wherein it was held that apprehension of being infected with COVID-19 after coming into contact with authorities was a valid ground for anticipatory bail.

Read more…


NCLT/NCLAT vacancies

39 members for a sanctioned strength of 63! Supreme Court asks Centre to complete reappointment process within 2 months

“As the Government has already initiated the process of reappointment by writing to the Hon’ble Chief Justice, we trust and hope that the reappointment process should be completed expeditiously, as there is no necessity of issuance of any advertisement for participation of other eligible candidates.”

Read more…


Sedition

Supreme Court to decide constitutionality of Section 124A IPC

The 3-judge bench of UU Lalit, Indira Banerjee and KM Joseph, JJ has issued notice in a plea seeking declaration of Section 124-A IPC to as unconstitutional and void. The order came after Senior Advocate Colin Gonalves submitted before the Court that the decision of the Court in Kedar Nath Singh v. State of Bihar, 1962 Supp. (2) SCR 769 requires reconsideration.

Read why Section 124A IPC came into force and why 5-judge bench in Kedar Nath Singh verdict found it constitutional

Need to interpret sedition law in context of freedom of media; No coercive steps against TV5, ABN till next hearing

The two channels had broadcasted certain programmes wherein Raghurama Krishnam Raju, Member of Parliament had allegedly expressed views critical of the State Government and the Chief Minister. While Raju, has been named as the first accused, TV5 and ABN have been named as the second and third accused.

Read more…


Free Press/ Freedom of Speech and Expression

Madras High Court’s remarks harsh, metaphor inappropriate but can’t be expunged; Supreme Court junks EC’s plea seeking restrain on Media reporting Court proceedings

During the course of the hearing, the Madras High Court had allegedly orally observed that the EC is “the institution that is singularly responsible for the second wave of COVID-19” and that the EC “should be put up for murder charges”.

Read more…

Open courts and freedom of media to report Court Proceedings: Unmissable Supreme Court quotes and the iconic Lokmanya Balgangadhar Tilak’s sedition trial

“Acceptance of a new reality is the surest way of adapting to it. Our public constitutional institutions must find better responses than to complain.”

Read more…


BOWC Cess

Levy of building cess on a contract for supply and delivery of equipment and materials? Impermissible, holds Supreme Court

In the case where Uttar Pradesh Power Transmission Corporation Ltd had levied cess on CG Power and Industrial Solutions Limited based on CAG report only and had withheld dues in respect of other contracts, the bench of UU Lalit and Indira Banerjee*, JJ has termed such levy a forcible extraction of cess.

Read more…


Insolvency and Bankruptcy Code

Nothing wrong with IBC Notification treating personal guarantors differently from other categories of individuals

Adding to the series of verdicts on the Insolvency and Bankruptcy Code, 2016, the bench of L. Negaswara Rao and S. Ravindra Bhat* has upheld the legality of the notification dated 15.11.2019 which notified provisions of Part III of the Code only in respect of personal guarantors to corporate debtors and has held that approval of a resolution plan does not ipso facto discharge a personal guarantor to a corporate debtor of her or his liabilities under the contract of guarantee.

Read more…


COVID-19 STORIES


National Task Force for allocation of oxygen to States: Who are the experts and what will they do? All you need to know

“Estimating projected needs is crucial to ensure that the country remains prepared to meet future eventualities, which will cause a demand for oxygen, medicines, infrastructure, manpower and logistics.”

Read more…

Schools can’t profit from unutilised facilities; Rajasthan Schools to provide 15% deduction of annual fees for academic year 2020-21: Supreme Court

“The school Management supposedly engaged in doing charitable activity of imparting education, is expected to be responsive and alive to that situation and take necessary remedial measures to mitigate the hardship suffered by the students and their parents. It is for the school Management to reschedule payment of school fee in such a way that not even a single student is left out or denied opportunity of pursuing his/her education, so as to effectuate the adage “live and let live”.”

Read more…

Dry Ration/Community kitchen for stranded migrant workers; Common National Database for all organised workers: Supreme Court issues directions

“…for accessing of any benefit percolating from any scheme framed by the Centre or the States for the benefit of unorganized workers or migrant workers, registration of workers is essential, which registration shall facilitate the unorganized workers to assess the scheme and reap the benefit.”

Read more…

Limit arrests, release prisoners on parole: Read Supreme Court directions on containing COVID-19 spread in overcrowded prisons

India has more than four lakh prison inmates. Some of the prisons in India are overburdened and are housing inmates beyond optimal capacity.

Read more…

What is your policy for issuing death certificates in case of COVID-19 deaths? How do you provide compensation? Supreme Court issues notice to Central Government

It was argued before the Court that,

  1. under the revised list of items and norms of assistance from State disaster response fund which is part of the letter dated 08.04.2015, Rs.4,00,000/- as exgratia compensation is required to be made.
  2. there is no uniform policy for issuing the certificate or any official document regarding causes of death to the deceased families due to which there is a difficulty on availing various benefits.

 Read more…


MORE STORIES


No default bail to Gautam Navlakha

The Court held that the house arrest of the appellant was not purported to be under Section 167 and hence, cannot be included within the period of 90 days under Section 167 of CrPC. 

Read more…

After one year of marriage, woman burnt to death over dowry. Supreme Court finds accused guilty; explains the true import of “soon before” under Section 304-IPC

“When the legislature used the words, “soon before” they did not mean “immediately before”. Rather, they left its determination in the hands of the courts.”

Read more…

Narada Scam Case| CBI withdraws appeal from Supreme Court against Calcutta High Court’s order putting TMC leaders under house arrest

After accepting the fact that the Narada Scam Case is being heard by a 5-judge bench of the Calcutta High Court, the Central Bureau of Investigation has withdrawn the case filed before the Supreme Court challenging the May 21 order of the High Court that had put the 4 TMC Leaders under House Arrest.

Read more…


EXPLAINERS


Interpretation of Contracts: Not our duty to delve deep into the intricacies of human mind: Supreme Court

When can High Court entertain a writ petition, notwithstanding the availability of an alternative remedy?


IN OTHER NEWS


Supreme Court’s E-Committee releases Manual for its free “e-Courts Services Mobile App” in 14 languages

Supreme Court Roundups


TOP STORIES


Constitution Bench

No more “mechanical” conversion of complaints under Section 138 NI Act from summary to summons trial; Magistrates “must” record reasons: Supreme Court

“Such conversion of complaints under Section 138 from summary trial to summons trial has been contributing to the delay in disposal of the cases.”

Read more…


COVID-19 Surge

As nation gasps for breath, Supreme Court calls for “even handed” distribution of COVID essentials like oxygen, Remdesivir; asks Centre to submit a “national plan”

“The High Courts have passed certain orders which may have the effect of accelerating and prioritising the services to a certain set of people and slowing down the availability of these resources to certain other groups whether the groups are local, regional or otherwise.”

Read more…

 

Distribution of COVID essentials like oxygen, Remdesivir| “Not substituting the jurisdiction of the High Courts”; Supreme Court explains why it intervened

“The role of this Court in the present situation is complementary to the role and functions being performed by the High Courts. Neither is intended to substitute the other.”

Read more…

 

Allahabad HC’s “lockdown” judgment stayed for now but UP Govt to “immediately” report to HC on steps taken and future plan: Supreme Court

“Until further orders, there shall be an ad interim stay of the impugned order passed by the High Court.”

Read more…


Vacancies in High Courts and Pendency of Cases

Ad-hoc judges to be appointed to deal with unprecedented pendency of cases in High Courts. Supreme Court issues guidelines and “trigger points” for activation of dormant Article 224A

“Article 224 A should not be made a dead letter, more so when the need is so pressing.”

Read more…

 

With 220 vacancies, “the High Courts are in a crisis situation”; Here’s what the Supreme Court advised to facilitate timely appointments

“The High Courts are in a crisis situation. There are almost 40% vacancies in the High Courts, with many of the larger High Courts working under 50% of their sanctioned strength.”

Read more…

 

Deficiencies in Criminal Trials and pendency of cases| Supreme Court directs all High Courts to adopt the Draft Rules of Criminal Practice, 2021

After noticing common deficiencies which occur in the course of criminal trials and certain practices adopted by trial courts in criminal proceedings as well as in the disposal of criminal cases and causes, the 3-judge bench of SA Bobde, CJ and L. Nageswara Rao and S. Ravindra Bhatt, JJ has directed all High Courts to take expeditious steps to incorporate the Draft Rules of Criminal Practice, 2021 as part of the rules governing criminal trials, and ensure that the existing rules, notifications, orders and practice directions are suitably modified, and promulgated (wherever necessary through the Official Gazette) within 6 months.

Read more…


A blind Scheduled Caste woman raped! Supreme Court explains intersectional oppression and how it needs to be addressed

“The experience of rape induces trauma and horror for any woman regardless of her social position in the society. But the experiences of assault are different in the case of a woman who belongs to a Scheduled Caste community and has a disability because the assault is a result of the interlocking of different relationships of power at play.”

Read more…

 

Balance sheet entries can amount to an acknowledgement of liability under Section 18 of the Limitation Act, 1963: Supreme Court

“… it would depend on the facts of each case as to whether an entry made in a balance sheet qua any particular creditor is unequivocal or has been entered into with caveats, which then has to be examined on a case by case basis to establish whether an acknowledgement of liability has, in fact, been made, thereby extending limitation under Section 18 of the Limitation Act.”

Read more…

 

Any creditor including Central/State Government or any local authority bound by Resolution Plan approved by adjudicating authority under Section 31(1) IBC: Supreme Court

“On the date of approval of resolution plan by the Adjudicating Authority, all such claims, which are not a part of resolution plan, shall stand extinguished.”

Read more…

 

No blood or breath analyser test proving drunk driving? Insurer may still establish a case for exclusion from liability: Supreme Court

“Merely because there is no test performed, the Insurer would not be deprived of its right to establish a case which is well within its rights under the contract.”

Read more…

 

“Complex” questions involving novation of contract can’t be decided by Court under Section 11 of the Arbitration and Conciliation Act: Supreme Court

“Detailed arguments on whether an agreement which contains an arbitration clause has or has not been novated cannot possibly be decided in exercise of a limited prima facie review as to whether an arbitration agreement exists between the parties.”

Read more…

 

Can’t treat unequals equally; No automatic vacation of stay under Section 254(2A) Proviso 3 of the Income Tax Act, 1961 if the assessee is not responsible for the delay: Supreme Court

“Unequals have been treated equally so far as assessees who are responsible for delaying appellate proceedings and those who are not so responsible, resulting in a violation of Article 14 of the Constitution of India.”

Read more…


MORE STORIES


Rohingya Refugees not to be deported unless the procedure prescribed for such deportation is followed: Supreme Court

“Right not to be deported, is ancillary or concomitant to the right to reside or settle in any part of the territory of India.”

Read more…

 

The Rapid MetroRail controversy; High Court’s “consensual order” and Supreme Court’s order directing HSVP to deposit 80% of debt due in Escrow Account

Non-interference in the matter would have inevitably led to the disruption of rapid metro lines for Gurgaon leading to disastrous consequences for the general public.

Read more…

 

Husband & Sister-in-law walk free after deceased’s dying declaration fails to “inspire confidence” in a 30 year old case; Supreme Court explains the yardstick for admissibility of a dying declaration

The bench of Navin Sinha and Krishan Murari, JJ has held that there cannot be any rigid standard or yardstick for acceptance or rejection of a dying declaration and whether or not it will be admissible in evidence will depend upon the fact of each case.

Read more…

 

“We are afraid that we cannot do anything”; Read why Supreme Court refused to interfere with the dismantling of INS Viraat, the oldest serving warship in the World

“While appreciating the sentiments of the petitioners, we are afraid that we cannot do anything at this stage”

Read more…

 

Enquiry by retired Supreme Court judge into Justice V. Eswaraiah Phone Call controversy uncalled for: Supreme Court

“High Court ought not to have embarked on any other enquiry in the matter except to the maintainability of the PIL.”

Read more…

 

“Consent of parties cannot obviate the duty of the High Court to indicate its reasons”; Supreme Court explains the law on Bail

“Whether an order granting a bail is a precedent on grounds of parity is a matter for future adjudication if and when an application for bail is moved on the grounds of parity on behalf of another accused…it is for that court before whom parity is claimed to determine whether a case for the grant of bail on reasons of parity is made out.”

Read more…

 

Judicial review or judicial restraint? Supreme Court explains where the virtue itself turns into vice

The Division Bench comprising of Rohinton Fali Nariman* and B.R. Gavai, JJ., addressed the issue of overstepping of review jurisdiction by the High Courts in policy matters. The Bench expressed,

“Judicial review in these matters is equivalent to judicial restraint in these matters…the writ court does not have the expertise to correct such decisions by substituting its own decision for the decision of the authority.”

Read more…

 

Gangster previously prosecuted in 15 cases gets bail in a murder case! Supreme Court sets aside Allahabad High Court order

“There is no doubt that liberty is important, even that of a person charged with crime but it is important for the courts to recognise the potential threat to the life and liberty of victims/witnesses, if such accused is released on bail.”

Read more…

 

Murderer kills one or two persons but persons dealing with narcotic drugs inflict death blow to a number of innocent youngsters: Supreme Court

“While striking balance between the mitigating and aggravating circumstances, public interest, impact on the society as a whole will always be tilt in favour of the suitable higher punishment.”

Read more…

 

Can there be presumption of Hindu joint family property if a business activity carried out by Karta in a tenanted premise? Supreme Court answers

“Even if a male member had taken premises on rent, he is tenant in his individual capacity and not as Karta of Hindu Undivided Family in the absence of any evidence that Karta was doing the business for and on behalf of Joint Hindu Family.”

 Read more…

 

“Mini Trial not permissible at the stage of framing of charge”; Supreme Court explains the yardsticks of revisional jurisdiction of High Courts

The Division Bench comprising of Dhananjaya Y. Chandrachud and M.R. Shah*, JJ., recently held in an interesting case that evaluation of evidence on merits is not permissible at the stage of considering the application for discharge and the same is beyond the scope of revisional jurisdiction of the High Courts. The Bench explained,

“At the stage of framing of the charge and/or considering the discharge application, the mini trial is not permissible.”

Read more…

 

Protection of heaviest flying bird, the Great Indian Bustard: SC emphasizes on need to adopt ecocentric approach; issues directions

“…keeping in view, the sustainable development concept and on striking a balance the protection of the rare species of birds is essential to be made, the effort being to save every bird while at the same time allowing transmission of power in an appropriate manner.”

Read more…


EXPLAINERS


Rule of alternate remedy and maintainability of writ petitions under Article 226 of the Constitution

“An alternate remedy by itself does not divest the High Court of its powers under Article 226 of the Constitution in an appropriate case though ordinarily, a writ petition should not be entertained when an efficacious alternate remedy is provided by law;.”

Read more…

 

What happens to a petition filed under wrong nomenclature?

The nomenclature under which the petition is filed is not quite relevant and it does not debar the Court from exercising its jurisdiction which otherwise it possesses.

Read more…

 

Whether punishment justified where the authority imposing punishment and approving it, is the same person?

“In terms of the specific statutory regime referable to Section 122-A of the 1965 Act, Rule 15, would be the governing principle rather than Regulation 87 framed in exercise of regulation making power referable to the general dispensation under Sections 121 and 122 of the 1965 Act. Rule 15 does not contemplate that the Chairman of the Committee is required to have any prior concurrence of any authority.”

Read more…

 

Whether pre-FIR enquiry is permissible against public servant in corruption matters? What is the scope and ambit of such an enquiry? Supreme Court explains

“…(If) an enquiry is held and/or conducted after following the procedure as per Maharashtra State Anti-corruption & Prohibition Intelligence Bureau Manual, it cannot be said that the same is illegal and/or the police officer, Anti-corruption Bureau has no jurisdiction and/or authority and/or power at all to conduct such an enquiry at pre-registration of FIR stage.”

Read more…


IN OTHER NEWS


Justice NV Ramana sworn in as the 48th Chief Justice of India

Chief Justice SA Bobde retires: A look at his legacy and justice in the time of COVID-19

COVID-19 surge| Supreme Court’s Summer Vacation preponed

COVID-19 surge| Supreme Court to hear only urgent matters from April 22, 2021. Here’s the list of matters that can be treated as “urgent”

With sudden rise in COVID-19 cases, Supreme Court issues additional guidelines for people entering the Court premises


IN MEMORIAM


Sitting Supreme Court judge Justice MM Shantanagoudar passes away

Also read: The Judicial Legacy of Justice MM Shantanagoudar

Former Supreme Court judge Justice MK Mukherjee passes away at 87. Here are his 5 notable judgments

Legal RoundUpSupreme Court Roundups


TOP STORIES


‘Not enough to proudly state that women officers are allowed to serve the nation in the Armed Forces’; Army’s evaluation of Women SSC Officers for grant of permanent commission arbitrary: SC

“The structures of our society have been created by males and for males. As a result, certain structures that may seem to be the “norm” and may appear to be harmless, are a reflection of the insidious patriarchal system.”

Read more…


No more asking sexual offence survivor to tie Rakhi or get married to the accused; Supreme Court calls for gender sensitisation of judges and lawyers

“Judges play – at all levels – a vital role as teachers and thought leaders. It is their role to be impartial in words and action, at all times. If they falter, especially in gender related crimes, they imperil fairness and inflict great cruelty in the casual blindness to the despair of the survivors.”

Read more…


Loan Moratorium Case| Supreme Court says no to total waiver of interest and extension of moratorium period but directs full waiver of compound interest

There was no justification shown by the Government to restrict the relief of not charging interest on interest with respect to the loans up to Rs. 2 crores only and that too restricted to only 8 categories.

Read more…


‘Reinstatement by NCLAT “too big a pill” for perhaps even Cyrus Mistry to swallow’; Supreme Court upholds Cyrus Mistry’s removal as Chairman by the Tata Sons

“NCLAT appears to have granted the relief of reinstatement gratis without any foundation in pleadings, without any prayer and without any basis in law, thereby forcing upon the appellant an Executive Chairman, who now is unable to support his own reinstatement.”

Read more…


‘Electoral Bonds Scheme not behind iron curtains incapable of being pierced’; Supreme Court refuses to interfere with the Scheme

“All that is required is a little more effort to cull out such information from both sides (purchaser of bond and political party) and do some “match the following”.”

Read more…


Courts can’t be helpless bystanders when prisoner opposes transfer from one prison to another; Supreme Court transfers Mukhtar Ansari’s custody to Uttar Pradesh

“A convict or an undertrial prisoner, who disobeys the law of the land, cannot oppose his transfer from one prison to another, be a convict or an undertrial prisoner, Courts are not to be a helpless bystander, when the rule of law is being challenged with impunity.”

Read more..


Appointment of Government official as Election Commissioner “a mockery of the constitutional mandate”; ECs must be independent: Supreme Court

“All State Election Commissioners appointed under Article 243K in the length and breadth of India have to be independent persons who cannot be persons who are occupying a post or office under the Central or any State Government.”

Read more…


‘Country is returning to normalcy; Courts/Tribunals are functioning’; Supreme Court ends extension of limitation period for filing petitions/applications/suits/appeals, etc.

“We are of the opinion that the order dated 15.03.2020* has served its purpose and in view of the changing scenario relating to the pandemic, the extension of limitation should come to an end.”

Read more…


“Free speech of the citizens of this country cannot be stifled by implicating them in criminal cases”; Supreme Court quashes FIR against Shillong Times Editor Patricia Mukhim

“Disapprobation of governmental inaction cannot be branded as an attempt to promote hatred between different communities.”

Read more…


Short delay in filing appeals under section 37 of the Arbitration Act can be condoned in exceptional cases. Supreme Court overrules N.V. International verdict

Given the object of speedy disposal sought to be achieved both under the Arbitration and Conciliation Act, 1996 and Commercial Courts Act, 2015, for appeals filed under section 37 of the Arbitration Act that are governed by Articles 116 and 117 of the Limitation Act or section 13(1A) of the Commercial Courts Act, a delay beyond 90 days, 30 days or 60 days, respectively, is to be condoned by way of exception and not by way of rule.

Read more…


Proceedings instituted under Consumer Protection Act, 1986 not to be transferred to fora created under 2019 Act with newly prescribed pecuniary limits: Supreme Court

“One can imagine the serious hardship that would be caused to the consumers, if cases which have been already instituted before the NCDRC were required to be transferred to the SCDRCs as a result of the alteration of pecuniary limits by the Act of 2019.”

Read more…


Ineligible promoters under Section 29A IBC can’t propose compromise or arrangement schemes under Section 230 of the Companies Act, 2013: Supreme Court

“The purpose of the ineligibility under Section 29A is to achieve a sustainable revival and to ensure that a person who is the cause of the problem either by a design or a default cannot be a part of the process of solution.”

Read more…


Section 195(1)(b)(i) CrPC doesn’t bar prosecution by Investigation Agency against persons producing false evidence at the stage of investigation: Supreme Court

“Just like a private party who has been a victim of forgery committed outside the precincts of the Court, the investigative agency should not be left remediless against persons producing false evidence for the purpose of interfering with the investigation process.”

Read more…


Under IBC, NCLT has jurisdiction to adjudicate disputes arising solely on ground of insolvency: Supreme Court

“In all future cases, NCLT would have to be wary of setting aside valid contractual terminations which would merely dilute the value of the corporate debtor, and not push it to its corporate death by virtue of it being the corporate debtor‘s sole contract.”

Read more…


Amounts paid by Indian companies to non-resident manufacturers/suppliers for resale/use of the computer software not royalty, hence, not taxable in India: Supreme Court

DTAA provisions must be treated as law and followed by Indian courts, notwithstanding what may be contained in the Income Tax Act to the contrary, unless more beneficial to the assessee.

Read more…


MORE STORIES


Farooq Abdullah’s Article 370 comment| ‘Dissent from Govt’s decision cannot be said to be seditious’; SC junks “publicity interest litigation”; imposes heavy costs

“This is clearly a case of publicity interest litigation for the petitioners only to get their names in press.”

Read more…


SC calls for amendment to Sections 11(7) & 37 of the Arbitration and Conciliation Act, 1996. Read how Vidya Drolia judgment has led to an anomaly

Parliament may need to have a re-look at Section 11(7) and Section 37 so that orders made under Sections 8 and 11 are brought on par qua appealability as well.

Read more…


3 years’ limitation period ‘unduly long’; Necessary for Parliament to fill the vacuum by prescribing a specific period of limitation under Section 11 of the Arbitration and Conciliation 1996: SC

3 years is an unduly long period for filing an application under Section 11, since it would defeat the very object of the Act, which provides for expeditious resolution of commercial disputes within a time bound period.

Read more…


‘Section 138 NI Act proceeding a “civil sheep” in a “criminal wolf’s” clothing’; quasi criminal proceedings against corporate debtor covered under Section 14(1)(a) IBC : SC

“A Section 138 proceeding can be said to be a “civil sheep” in a “criminal wolf’s” clothing, as it is the interest of the victim that is sought to be protected, the larger interest of the State being subsumed in the victim alone moving a court in cheque bouncing cases.”

Read more…


“A classical case of how civil proceedings can be prolonged ad infinitum”, SC imposes costs of Rs. 1 lakh for dragging execution proceedings in an eviction case for 12 years

“The landlord filed suit for possession which succeeded right till this Court. The execution proceedings filed in the year 2009 has dragged on for 12 years. This application filed by the petitioner itself was an abuse of process of law.”

Read more…


‘Commercial wisdom of Committee of Creditors is not to be interfered with’; Supreme Court sheds light on the limited scope of interference by NLAT/NCLAT

“The limited judicial review, which is available, can in no circumstance trespass upon a business decision arrived at by the majority of CoC.”

Read more…


Adjudicating authority under IBC may disapprove the resolution plan approved by the Committee of Creditors but cannot modify it: Supreme Court

“If, within its limited jurisdiction, the Adjudicating Authority finds any shortcoming in the resolution plan vis-à-vis the specified parameters, it would only send the resolution plan back to the Committee of Creditors, for re-submission after satisfying the parameters delineated by the Code and exposited by this Court.”

Read more…


Curtailing vexatious litigation is a crucial step towards a more effective justice system; Supreme Court examines role of lower judiciary in preventing abuse of process

“The Magistrates are the first lines of defence for both the integrity of the criminal justice system, and the harassed and distraught litigant.”

Read more…


Written intimation of hearing just before commencement of video conference hearing by Advisory Board leads to SC quashing detention of man in a gold smuggling case

Bhargav Kanubhai Tanti was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) for his alleged involvement in smuggling of 1300 kgs of Gold.

Read more…


Criminal proceedings cannot be permitted to degenerate into weapon of harassment; HCs must quash frivolous FIRs: Supreme Court

“Inherent jurisdiction under Section 482 Cr.P.C. and/or under Article 226 of the Constitution is designed to achieve salutary purpose that criminal proceedings ought not to be permitted to degenerate into weapon of harassment.”

Read more…


Where one party habitually resides in a foreign country, arbitration becomes an international commercial arbitration even when the business is being carried through an office in India: SC

“If at least one of the parties was either a foreign national, or habitually resident in any country other than India; or by a body corporate which was incorporated in any country other than India; or by the Government of a foreign country, the arbitration would become an international commercial arbitration notwithstanding the fact that the individual, body corporate, or government of a foreign country carry on business in India through a business office in India.”

Read more…


Application under S. 7 or S. 9 IBC is an independent proceeding unaffected by winding up proceedings that may be filed qua the same company

“…every effort should be made to resuscitate the corporate debtor in the larger public interest, which includes not only the workmen of the corporate debtor, but also its creditors and the goods it produces in the larger interest of the economy of the country.”

Read more…


Can departmental proceedings be initiated for charges including vigilance angle without approval of CVC? SC examines validity of departmental actions

“Anyone can make mistakes. The consequences of mistakes should not be unduly harsh”

Read more…


Whether a residential accommodation for nuns/students would fall under “religious or educational purposes” and be qualified for tax exemption? Supreme Court explains

“We must first ask ourselves what is the object sought to be achieved by the provision, and construe the statute in accord with such object. And on the assumption that any ambiguity arises in such construction, such ambiguity must be in favour of that which is exempted.”

Read more…


UP Police Constables appointments| Shifting of candidates selected against posts meant for reserved categories, to open category as per Court directions hence valid: Supreme Court

“With the availability of 3295 additional posts, in the re-working exercise, if the candidates who were already selected against reserved posts were entitled to be considered against open category posts, that exercise cannot be termed as illegal or invalid on any count.”

Read more…


Aim of every Court is to discover the truth but it should be done judiciously; Recording of reasons for reversal of lower court’s decision vital: SC

“Wider the power, greater is the necessity of caution while exercise of judicious discretion”

Read more…


Court appointed IRP Anuj Jain’s arrest over Yamuna Expressway accident killing 7 appalling; SC directs immediate release; issues notice to Investigating Officer

“It is seen that the police official dealing with the case is not familiar with the provision of privilege of interim resolution appointed by the Court, in terms of Section 233 of the Insolvency and Bankruptcy Code.”

Read more… 


Can reservation for OBCs exceed upper ceiling of 50% in local elections for entirely scheduled areas? Supreme Court explains triple test pre-requisite

“The barriers to political participation are not of the same character as barriers that limit access to education and employment.”

Read more…


In what circumstances can a criminal proceeding be quashed? Supreme Court yet again answers the “hotly debated” question on scope of exercise of HCs’ power under Section 482 CrPC

“The exercise of inherent power of the High Court is an extraordinary power which has to be exercised with great care and circumspection before embarking to scrutinise the complaint/FIR/charge-sheet in deciding whether the case is the rarest of rare case, to scuttle the prosecution at its inception.”

Read more…


Can ossification test held after 38 years of incident be conclusive to prove juvenility on the date of incident? SC answers

“The ossification test can be said to be relevant for determining the approximate age of a person in conflict with law. However, when the person is around 40-55 years of age, the structure of bones cannot be helpful in determining the age.”

Read more…


Aggrieved by an order refusing condonation of delay in filing application under section 34 of the Arbitration Act, 1996? Appeal lies, holds Supreme Court

“Undoubtedly, a limited right of appeal is given under section 37 of the Arbitration Act, 1996. But it is not the province or duty of this Court to further limit such right by excluding appeals which are in fact provided for, given the language of the provision.”

Read more…


Reservation and filling up of backlog vacancies: SC explains applicability of Section 27(f) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016

“Such of the candidates who have made it on their own merit albeit, from reserved category, have not sought the benefit of the reservation. Thus, Section 27 of the Act would have nothing to do up to that point. Section 27 would apply only when the reservation principle begins, which is after filling up of the seats on merit.”

Read more…


“Recruitment to public services must command public confidence”; Supreme Court upholds cancellation of DSSSB Head Clerk selection process in light of “systematic irregularities”

“When the credibility of an entire examination stands vitiated by systemic irregularities, the issue then is not about seeking to identify the candidates who are tainted.”

Read more…


“Permission cannot be granted to Medical Colleges which lack necessary infrastructure and facilities”; SC directs Jharkhand government to rectify deficiencies

“Perusal of the facts mentioned above would show that not much interest has been taken by the State in ensuring that the necessary faculty, infrastructure and other facilities are improved.”

Read more…


Limitation for challenging arbitral award can only commence from date of receipt of signed copy and not from the receipt of draft: Supreme Court

“There is only one date recognised by law i.e. the date on which a signed copy of the final award is received by the parties, from which the period of limitation for filing objections would start ticking. There can be no finality in the award, except after it is signed, because signing of the award gives legal effect and finality to the award.”

Read more…


EXPLAINERS


Scope of judicial interference in election matters relating to delimitation of constituencies and allotment of seats, specifically in municipal elections

Waiver| An intentional relinquishment of a right; an agreement not to assert a right

Interpreting ‘similar words’ in ‘distinct settings’


IN OTHER NEWS


Former Supreme Court Judge Surinder Singh Nijjar passes away

High Court Round UpHigh CourtsLegal RoundUp

Here’s a short recap of what we covered under the High Court’s section for the month of March 2021.


Allahabad High Court

Rule Making Power under the Motor Vehicles Act

All HC | Rule making power of Central and State Government under Motor Vehicles Act – Are the subject matters falling under Ss. 110 and 111 delineated and demarcated or do they overlap? HC explains

https://bit.ly/3m5cMwI

Maintenance

All HC | Rent Allowance vis-a-vis Maintenance Allowance: Whether under S. 125 CrPC, rent allowance is included under maintenance allowance? Read to know

https://bit.ly/3fpMKTL

Maintainability of Habeas Corpus Writ

All HC | Full Bench decides whether writ of Habeas Corpus will be maintainable against Judicial order or Child Welfare Committee’s order under J.J. Act? Decoded

https://bit.ly/31xr9QW

Marriage of a Minor| Void or Voidable?

All HC | If a minor girl marries a major of her freewill, will such marriage be void or voidable? Court explains while discussing validity of child marriage

https://bit.ly/3m3tfSg

Contract

All HC | During his lifetime, tenant enters into compromise with landlord and enjoys benefits thereof. After such tenant’s demise, can his legal heirs challenge the compromise? HC uncovers legal position

https://bit.ly/3dlLBtF

Land Title Dispute

All HC | Order reserved in Kashi Vishwanath Temple-Gyanvapi Masjid Land Title Dispute; Court to decide maintainability [Religious Character]

https://bit.ly/3rCXbWu


Bombay High Court

Maintenance to Widowed Daughter-in-Law

Bom HC | Father-in-law denies maintenance to widowed daughter-in-law and her children. Will he be obligated to maintain them if late son had a share in ancestral property? HC Decodes

https://bit.ly/39w2RLF

Fraud by Wife?

Bom HC | Husband alleged that wife hid her actual date of birth & since he intended to marry a ‘Mangalik Yog’ girl, fraud was played upon him. Here’s how HC solved the matter

https://bit.ly/31BByv0

Section 417 of Penal Code, 1860

Bom HC | Whether absence of ‘dishonest concealment of fact’ exempt a person from being punished under S. 417 IPC? Read on

https://bit.ly/3weIFHV

Legal Heirs | Property

Bom HC | Relinquishment of self-acquired properties of a deceased by legal heirs. Will such release enure to benefit of all other legal heirs? Court explains

https://bit.ly/3ftQQdG

Defamation

Bom HC | Can a person’s image be used for a commercial purpose, without his/her express written consent? Justice G.S. Patel elaborates directing Amazon Prime to take down the telecast of a movie using a person’s private image

https://bit.ly/3u9WTYU

Suicide

Bom HC | Woman commits suicide along with her infant daughter within 7 years of marriage. Can husband of deceased be held guilty for offences under Ss. 498-A, 304-B read with 34 IPC? Mere suspicion of Cruelty & Harassment is enough?

https://bit.ly/3m5Qknj

Agreement

Bom HC | Can a development agreement signed between Chairman of Society and one of the Managing Committee members be binding upon non-signatory? Court discusses while ordering redevelopment of building

https://bit.ly/3sH9HFJ

Copyright Registration

Bom HC | Does Copyright Act requires mandatory registration to seek protection under the Act? Justice G.S. Patel explains

https://bit.ly/3ue4FRz

Daughter approaches Family Court on behalf of father’s Marriage

Bom HC | Can a daughter approach Family Court on behalf of her father to challenge validity of his marriage? OR only parties to marriage can challenge validity? Read in light of S. 7 of Family Courts Act

https://wp.me/pcenps-11Vt

Others

Bom HC | Board of Directors of Co-operative Bank: Power of Registrar of Co-operative Societies under Maharashtra Co-operative Societies Act & RBI’s role || Detailed Report

https://bit.ly/2PN0htB


Calcutta High Court

Registered Society

Cal HC | Can a registered society file a writ petition on behalf of a group of people including those who are not members of the society? HC discusses while upholding shifting of market site in view of COVID-19

https://bit.ly/3sFJTtz

Marriage Conversion

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

https://bit.ly/3m6vqEw


Chhattisgarh High Court

Opportunity of Hearing

Chh HC | Does forfeiture of earned remission of a convict without giving reasonable opportunity of hearing would amount to violation of fundamental right under Art. 21 Constitution of India? HC observes

https://bit.ly/3sDdy6T

Benami Transaction

Chh HC | Principles governing determination whether a transfer is a Benami transaction has been reiterated; Petition allowed

https://bit.ly/3fuYFzM

Cooling Period

Chh HC | Guidelines regarding the waiver of cooling period as provided under S. 13B (2) of Hindu Marriage Act reiterated; Petition allowed

https://bit.ly/3dlQCm3

Contract

Chh HC | When terms of a contract have been reduced to the form of a document, no evidence shall be given or permitted to be adduced in proof of terms of such contract under Ss. 91 & 92 of Indian Evidence Act, 1872

https://bit.ly/3dlOtGX


Delhi High Court

Delhi High Court

Revisional Court Decision v. Lower Court Decision

Del HC | Can the revisional court’s conclusion substitute the lower court’s decision? Read HC’s analysis

https://bit.ly/31AUw4U

Defamation

Del HC | Complaint against Business Standard for defaming ‘member of RSS’ quashed: Who qualifies as an aggrieved person to file defamation complaint? HC explains

https://bit.ly/3fx3lVE

Payment of Rent

Delhi HC issues notice in a plea raising important issues concerning payment of rent by Cinema Halls during lockdown, doctrine of incorporation of arbitration clause, recourse in absence of force majeure clause

https://bit.ly/2PcCROF

Jurisdiction

Del HC | What is the scope of Court’s jurisdiction while examining application under S. 8, Arbitration and Conciliation Act. What is effect of ‘Chalk & Cheese’ case of non-arbitrability? HC examines in “Hero” electric bikes dispute

https://bit.ly/3fuRRBV

Virtual Hearing

Del HC | NCLT and NCLAT directed to regulate their own procedure for virtual hearing platforms so long as it is ensured that if any particular party requests for a link, same would be considered in a fair, transparent and non-arbitrary manner

https://bit.ly/3m7Ph6m

Sensitization of Citizenry

Del HC | Sensitization of citizenry has to precede, not succeed, galvanization of governmental machinery: Directions issued to Airlines and DGCA on noting an ‘alarming’ situation in Air India flight

https://bit.ly/3rF3Cbz

Vicarious Liability

Del HC | Vicarious liability under S. 138 NI Act. What is proper stage of raising defence of absence of knowledge  by the accused being held vicariously liable for offence committed by company? Explained

https://bit.ly/3ucGHG3

Arbitrator

Del HC | Whether disability of an appointing authority to appoint an arbitrator frustrate the arbitration agreement. HC unravels in light of Arbitration and Conciliation (Amendment) Act, 2015

https://bit.ly/2PKAna8

Unsoundness of Mind

Del HC | How to prove unsoundness of mind in absence of medical records? When does presumption of being under influence arise? On whom lies burden of proof? Court answers while rejecting challenge to a Will

https://bit.ly/3sHokZQ

Culpable Homicide

Del HC | What is the most crucial element to be determined while finding a person guilty under attempted culpable homicide – S. 308 IPC? Vegetable seller beaten up on failing to provide money for conducting business outside Okhla Sabzi Mandi

https://bit.ly/2PK242A

Emergency Arbitrator

[Amazon v. Future Retail] From Emergency Arbitrator to Group of Companies Doctrine – Delhi HC covers all while restraining Future Group from proceeding further with Disputed transaction

https://bit.ly/3sCdMes

Eviction Order

Del HC | Which is the proper forum for filing appeals from the eviction order passed by DM under Delhi Maintenance and Welfare of Parents and Senior Citizens Act? Court answers

https://bit.ly/3cEwYmh

Interim Maintenance

Del HC | It is for the wife to establish alleged source of husband’s income; Husband would have paid maintenance rather than going jail: HC reduces interim maintenance to wife and son

https://bit.ly/3frG0or


Gauhati High Court

Gau HC | [Artificial Ripening of Fruits] HC considers health hazards; lays down detailed guidelines to ensure chemical-free ripening of fruits

https://bit.ly/39x1pbQ

Culpable Homicide

Gau HC | “Nature of injury does not suggest that the appellant acted in cruelty”; HC converts conviction for murder into culpable homicide

https://bit.ly/3fuDP3A

Motor Accident Case

Gau HC | Deceased being below 40 years of age the future prospects shall be held at 40%; HC allows appeal against enhanced compensation in motor accident case

https://bit.ly/3rAFl6A


Gujarat High Court

Policy Decision

Guj HC | Court cannot undertake the activity of banking regulations upon itself and pass omnibus orders to come up with policy decision; Court dismisses appeal

https://bit.ly/2PGMcy6

Termination of Pregnancy

Guj HC | Termination of pregnancy application rejected keeping in mind health of the minor; Court issues directions

https://bit.ly/3m5kAPf


Himachal Pradesh High Court

Maternity Leave

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

https://bit.ly/3rA2vd7

Judicial Bias

HP HC | Merely because persons are related do not establish that the relationships were working or cordial; Crucial aspect is time period of knowledge

https://bit.ly/2PJQLHE

Eminent Domain

HP HC | Can a writ in the instant nature be allowed to direct Temple authorities to spend the amount collected through donations for construction of parking sites

https://bit.ly/3rDg5MP

Education Department

HP HC │ Lamentable state of affairs; Education Department is one of the biggest litigants before this Court and majority of writ petitions relate to transfer and adjustment of the teachers

https://bit.ly/31wtmML


Jammu and Kashmir High Court

Eviction of Unauthorised Occupants

J&K HC | “Government bungalows are Public property, it belongs to Public” HC directs State to ensure eviction of unauthorised occupants from Government accommodation

https://bit.ly/3m5lo6w

Magistrate’s Jurisdiction

J&K HC | When a CJM transfers a petition to a Magistrate subordinate to him, the Magistrate is conferred with jurisdiction to entertain the same even if the matter would otherwise fall outside his jurisdiction

https://bit.ly/3rLGloB


Jharkhand High Court

Arbitral Award

Jhar HC | [Galudih Barrage Irrigation Project] HC upholds arbitral award after certain modifications; explains principles of adjustment, counterclaim and set off

https://bit.ly/3rE9stC

Victim Compensation

Jhar HC | “Accused cannot be saddled with payment of victim compensation”; HC says such order is contradictory to S. 357A of CrPC

https://bit.ly/2Pen9mc

Jharkhand Staff Selection Commission

Jhar HC | Will a person claiming to be 41 years 11 months and 30 days of age be qualified for a post which prescribes upper age limit of 42 years? HC explains

https://bit.ly/3cAee79


Karnataka High Court

Contract

Kar HC | Whether the termination/cancellation of contract of the petitioner on the ground of the petitioner seeking maternity leave is justified? HC analyses

https://bit.ly/3fo4yi6

LIC Pension Rules

Kar HC | Benefit under Rule 27 LIC Pension Rules was rejected to a LIC Agent working as a field officer as no special qualification was required; Appeal dismissed

https://bit.ly/3ua0ru5

Immovable Property Registration

Kar HC | Immovable property which is compulsorily registrable under S. 49 of Indian Registration Act, 1908 may be taken as evidence for the purpose of collateral transaction

https://bit.ly/3cDxReJ

Abuse of Office

Kar HC | Assistant Commissioner and Tahsildar made a consorted effort to abuse their office to take possession of the properties, demolish them and dispossess the rightful owners

https://bit.ly/3fxT0ZB

Trademark Dispute

Kar HC | A case of deceptively similar trademarks; Quintessential ‘Common man’ is neither blessed with the wisdom of Solomon nor the trained eyes of Sherlock Holmes

https://bit.ly/3ftZrNu


Kerala High Court

Maintenance

Ker HC | If a neglected wife is being maintained by her eldest son, would that exempt the husband from his liability to maintain the wife under S. 125 CrPC? HC explains

https://bit.ly/2PjOLpK

Right to Protest

Ker HC | “Striking workers cannot resort to strong-arm tactics and violence”; HC explains the ambit of Right to Protest

https://bit.ly/3sEGhrU

Statutory Proceedings

Ker HC | Inappropriate for Court to interfere with statutory proceedings at show-cause stage; HC dismisses petition against SEBI

https://bit.ly/3dqoTAR

Dishonour of Cheque

Ker HC | Dishonour of cheque shall be proved to the hilt; Adverse inference cannot be drawn under S. 138 of NI Act merely because evidence is not adduced to prove a negative fact

https://bit.ly/31BLGE2

Divorce

Ker HC | In divorce petition under S. 13(1)(iii) of HMA, can Court order a party to appear before medical board for assessment of mental condition? Court discusses

https://bit.ly/3dkDHRd

OTT Rules

Ker HC | Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 challenged; HC restrains State from taking any coercive action for non-compliance of Part III of the impugned Rules

https://bit.ly/3m5f6UJ

Manual Scavenging

Ker HC | HC directs State to pay Rs 10 lakh compensation to the family of a deceased manhole worker

https://bit.ly/3rBi04z


Madras High Court

Forgery

Madras HC | Does buyer’s knowledge about dispute in title of subject property, will make him liable for offence of cheating, forgery and making false document? HC answers

https://bit.ly/3wdFKPQ

Ancestral Property

Madras HC | Under Hindu Succession Act, can an ‘ancestral property’ blend in with the ‘individual property’? Read to know

https://bit.ly/3ryfHPT

Sexual Harassment

Madras HC | Media and Political Parties restrained from indulging in any discussions on alleged sexual harassment of Lady IPS Officer – NO parallel ‘Media Trial’ || Restraint to continue

https://bit.ly/3fu9BNO

Madras HC | Why Special DGP who has been alleged to have sexually harassed the Lady IPS Officer been placed under ‘Compulsory Wait’ instead of being suspended? Does compulsory wait attach any stigma to it?

https://bit.ly/3fv8hdQ

Madras HC | Lady IPS Officer harassed by Special DGP. “Court is not going to be a mute spectator”: HC takes suo motu cognizance; decides to monitor investigation; issues directions

https://bit.ly/3cyCPt7

Right to use Postal Ballot

Madras HC | Political Party DMK challenged Constitutional Validity of S. 60(c) of Representation of the People Act 1951. Why HC held that EC provided right to use postal ballot to certain persons who otherwise would have been excluded? Know more

https://bit.ly/31yTRkx

Same-Sex Couple

Madras HC | Society still grappling to come to terms with same sex orientation: HC orders protection and in-chamber hearing

https://bit.ly/3diM0Nz

Madras HC | “Trying to develop the case brick by brick and construct something purposeful”: HC while arranging counselling for same-sex couple and parents

https://bit.ly/2PKahnq

COVID-19

Madras HC | Wear masks; maintain social distancing norms at all political gatherings: HC to candidates and political parties in election-bound State of Tamil Nadu

https://bit.ly/3wdGpAO

Law Colleges

Madras HC | Quality of education being compromised in course of more law colleges being born in guise of creating opportunities. Read what HC says

https://bit.ly/3uefCTb

Elections

Madras HC | Official Funds for Campaigning: One has to wear allegiance to a political leader, if not on the sleeve at least visibly crying out of pocket | Why? Read on

https://bit.ly/2QXbaKh


Madhya Pradesh High Court

Litigation

MP HC | Litigation in the Court is not a “game of chess”; Court dismisses appeal stating serious suppression of facts

https://bit.ly/2PKt42d

Preventive Detention

MP HC | Law of preventive detention is an exception to fundamental right to personal liberty under Art. 21 of Constitution and therefore has to be strictly construed; Court allows petition challenging preventive detention

https://bit.ly/3dm1foX


Meghalaya High Court

Injunction

Megh HC | Grant of injunction cannot be claimed by a party as a matter of right nor can it be denied by the Court arbitrarily; Court dismisses petition on the question of effective possession

https://bit.ly/31z16sO

 

 


Orissa High Court

Judicial Review

Ori HC | Power of judicial review will not be permitted to be invoked to protect private interest at the cost of public interest or to decide contractual disputes

https://bit.ly/31w4vbO

Quasi-Judicial Authority

Ori HC | A quasi-judicial authority vested with the power for cancellation of a license, could not have acted under the ‘dictation’ of another authority

https://bit.ly/3rEdPow

Strict Liability

Ori HC | Onus of proof, which lies on a party alleging negligence should be established on the touchstone of preponderance of probabilities

https://bit.ly/3dprCuf


Patna High Court

Toilet for Girls

Pat HC points out apathy on the part of State regarding the non-existence of ladies toilet in Colleges; Constitutes a Committee to examine existing conditions

https://bit.ly/3m6HS7e

Unlawful Association

Pat HC | To attract penalty for being a member of an unlawful association, the association must be one declared unlawful by a notification under UAP Act, 1967; HC declares seizure exercise illegal and arbitrary

https://bit.ly/39wQMWJ


Punjab and Haryana High Court

Panchayati Divorce

P&H HC | “Panchayati divorce has no recognition in law”; HC grants protection to the couple in spite of holding their marriage illegal

https://bit.ly/2PeswBS

Partnership Firm

P&H HC | Experience gained by erstwhile partnership firm could not be construed as experience of partners in an individual capacity; HC dismisses the petition

https://bit.ly/3m7Zn7g

Marriage

P&H HC | Muslim woman and Hindu man marries as per Hindu rites; HC holds the marriage is invalid

https://bit.ly/3m6DpS4

Contractual Live-in Relationship

P&H HC | Contractual live-in relationship has no recognition in law; HC terms it “misuse of process” and against morality

https://bit.ly/3rywBxz


Rajasthan High Court

Judgment

Raj HC | Judgment can be a binding precedent only for what has been considered and held in it; No Court can travel beyond facts mentioned and considered therein to cull out “ratio decidendi”

https://bit.ly/3cCamCL

 

 


Telangana High Court

Sale Notice

Telangana HC | If the bank sends sale notice following due procedure on the addresses mentioned in loan agreement, will the same amount to ‘service’ under Security Interest (Enforcement) Rules? Read on

https://bit.ly/3m801lc

Principles of Res Judicata

Telangana HC | Are principles of res judicata applicable to bail applications? Can repeated filing of bail applications without change in circumstances be accepted? Read on

https://bit.ly/3wgBUFu


Tripura High Court

Economic Abuse and Domestic Abuse

Tri HC | How are ‘economic abuse’ and ‘domestic abuse’ synonymous? HC explains in light of S. 3 of the Protection of Women from Domestic Violence Act, 2005

https://bit.ly/3ftbfQ3

Bail Application

Tri HC | Strong prima facie case leaves no ground for custodial immunity; Court rejects bail application in matter of Ss. 377 and 506 of IPC and S. 6 of POCSO

https://bit.ly/3sQjWrz

Public Interest Litigation

Tri HC | Every State and local authority to provide adequate facilities for instruction in mother tongue at the primary stage of education to children belonging to linguistic minority groups? Court decides on PIL

https://bit.ly/3rDFsyj

Writ Petition

Tri HC | High Court would not entertain a writ petition which is hopelessly delayed without proper explanation; dismisses petition with costs


Uttaranchal High Court

RTI Act

Utt HC | Delay in providing information under RTI Act does not amount to penalty, if valid reasons for the delay are proved; Court sets aside the penalty

https://bit.ly/3m5xGfn

Enquiry

Utt HC | Before proceeding in the matter, Court has to form an opinion that an enquiry is needed; Court dismisses application moved under S. 340 CrPC

https://bit.ly/31BktBn

High Court Round UpLegal RoundUp

Here’s a short recap of what we covered under the High Court’s section on the SCC Online Blog for the month of January 2021. In case, you missed out on catching up with some interesting cases that brought in a wave of discussions and some very serious steps to be taken up by the Supreme Court, then, you have clicked on the right post to be read.

Go ahead and check out the January updates of 2021!


Allahabad High Court

Competition

All HC | ‘Eliminating competition in business using writ jurisdiction not permissible’: HC decides whether a competitor can prevent a rival from exercising right to carry on business

Home-Buyers

All HC | ‘Home-buyers’ grievances to be disposed of positively within 3 months by reasoned and speaking order’: Court issued general mandamus to Authorities concerned

Interim Maintenance

All HC | Does S. 125 CrPC provide a timeline for disposing of proceedings pertaining to interim maintenance? Read What HC says

Maintenance

All HC | If a husband denies being married in a proceeding under S. 125 CrPC, what should the Magistrate determine? Explainer

Bail

 All HC | [Bail under SC/SCT (POA) Act] Failure to serve notice of bail upon victim, is failure of State to perform its statutory function; Accused cannot be visited with penal consequences for default of the State

Special Marriage Act

All HC | “Cruel, unethical to force present generation to follow 150 yrs old customs, traditions which violate fundamental rights”: HC rules Publication of Notice of Intended Marriage under Special Marriage Act shall not be mandatory

Judges

All HC | “If a Judge makes a mistake, then from where will the general public get fair justice”; HC warns Judicial Magistrate to remain careful while passing Judicial Orders

Abetment of Suicide

All HC | Woman commits suicide after various cases against her, being subjected to harassment at matrimonial home. Can a case of abetment of suicide be established? HC discusses

Rape Victim

All HC | “A woman or a girl who is raped is not an accomplice”: HC re-establishes while explaining the significance of testimony of rape victim


Bombay High Court

Transgender

Bom HC | Can a transgender contest election from a seat reserved for women candidate? HC espouses transgender people’s “Right to Self-Perceived Gender Identity”

Sexual Assault

 

Media Trial

Bombay HC on Media Reporting, Obligation of Investigators, Media Trial, Freedom of Press and the proverbial ‘Lakshman Rekha’ for Media Houses || Read this detailed report unravelling several significant aspects cropped in light of Sushant Singh Case

Judicial Over-Reach

Bom HC | If Judges interfere in academic matters or step into other Organs of State, would that amount to Judicial Over-Reach? Court addresses


Calcutta High Court

Arbitration and Conciliation

Cal HC | [S.11(6) Arbitration & Conciliation Act, 1996] Reiterating independence and impartiality of the Arbitrator, Court appoints former justice of the present court to preside over as the sole arbitrator

Sexual Harassment at Workplace

Cal HC | Can a complaint under POSH Act be filed against person of same gender? Read HC’s full analysis

Fundamental Right

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


Chhattisgarh High Court

Employees Compensation Act

Chh HC | Appeal under S. 30 of Employees’ Compensation Act, 1923 is to be entertained only on a question of law

Limitation Act

Chh HC | The word “sufficient cause” under S. 5 of Limitation Act should adopt a liberal and justice-oriented construction to advance justice

Judicial Officer

Chh HC | Is it essential for the appointing authority to re-consult PSC before terminating services of a judicial officer in light of Art. 235 of the Constitution of India? HC explains


Delhi High Court

Novation | Contract Act

Del HC | When does ‘Novation’ under the Contract Act takes place? Read while HC examines the scope of S. 8 of Arbitration Act

Maintenance

Del HC | Wife denied enhancement of maintenance due to being wealthier than husband || Reasoned Order of HC 

CGST Act

Del HC | “Ss. 69 and 132 of CGST Act prima facie valid; Power to arrest and prosecute is prima facie ancillary to power to levy and collect GST”: Read HC’s detailed analysis

Termination of Arbitration

Del HC | “Order of Termination of Arbitration under S. 32(2)(c), A&C Act is not an award; challenge under S. 14(a) maintainable”: Read full Report

Compensation under MV Act

Del HC | Whether it would be fair to deny compensation for loss of dependency to a parent, who may not be dependent on his/her child at the time of accident per se but would become dependent at his/her later age? HC explains

Right to Access to Clean Water

Del HC | ‘Right to access to drinking water cannot be denied merely because the colony is unauthorised’: HC directs Jal Board for supply of potable drinking water

COVID-19

Del HC | Continuing embargo on spas, violative of their rights’: Court allows reopening of spas, wellness clinics, etc. albeit subject to conditions

RTI Act

Del HC | Penalty imposed on CPIOs for “changing stands” leading to apprehension of mala fides and unreasonable conduct; Elaborate principles laid down for exercise of power by CPIOs

Settlement Deed

Del HC | ‘Dragging his feet only to harass’: Court quashes FIR in light of settlement deed arrived at before Delhi High Court Mediation and Conciliation Centre

Non-Renewal of License

Del HC | “Non-renewal cannot result in permanent disbarment”; Recognised Adoption Agency in Canada gets opportunity to apply afresh


Gujarat High Court

Workman

Guj HC | Dismissing the argument of arrangement being a Contractual set up with no Industrial dispute as such, Court upholds reinstatement of the workman granting compensation against back wages

Natural Justice

Guj HC | Whether a matter is required to be remanded in order to comply with the principles of natural justice where there has been intermingling of documents; Court explains


Himachal Pradesh High Court

Arbitrator

HP HC | [Appointment of Arbitrator] An arbitral issue which can be adjudicated by a retired judge of the High Court, must not be awaited for the want of technical expertise

Inherent Powers

 HP HC | Inherent powers under S. 482 CrPC is not inhibited by S. 320 CrPC and FIR as well as criminal proceedings can be quashed by exercising the same; HC reiterates

Interpretation of Statutes

HP HC | Court while drawing distinction between the terms ‘Block’ and ‘Constituency’, denies to reserve the post of Pradhan in Gram Panchayat elections for ST category

Appointment

HP HC | Person belonging to SC category, if on merit, performs better than General category candidate, he has to be offered appointment against a post meant for General category


Jammu and Kashmir High Court

Physical Consensual Relationship

J&K HC | Investigating agency to determine whether consent of prosecutrix to have sexual intercourse with petitioner was willing or it was obtained on account of false promise of marriage

Interference under Article 226

J&K HC | What is the extent of interference that the Court can exercise under Art. 226 while adjudicating a contractual matter? HC answers

No-Confidence Motion

J&K HC | Members of Panchayat have the right to issue no-confidence motion against the chairman on the ground of misconduct or neglect of duty; petition dismissed

Age of Majority

J&K HC | Any person having attained the age of majority is entitled to marry as per their wishes and the police department is duty bound to protect their life and liberty if approached; Petition allowed

Evidence Act

J&K HC | A person whose whereabouts are unknown and who has not been heard of for more than 10 years, cannot be stated to have illegally run away from his service; Petition allowed

Detention Order

J&K HC | Even in cases where a person has been prosecuted in a Court of law and has been discharged by the Magistrate, a valid order of detention can be passed against him in connection with that very incident; HC reiterates


Jharkhand High Court

Right to establish linguistic and religious institutions

Jhar HC | Right to establish linguistic and religious institutions under Art. 29 & 30 includes the Right of appointing teachers; order directing absorption set aside

Compassionate Appointment

Jhar HC | Compassionate Appointment cannot be granted after a lapse of reasonable period which must be specified in the rules; petition dismissed allowing monetary compensation

Supervisory Jurisdiction

Jhar HC | [Interference under Art. 226] A writ of certiorari can be issued only in exercise of supervisory jurisdiction which is different from appellate jurisdiction; HC reiterates

Reservation

Jhar HC | [Article 16] Retrospective application to 103rd Amendment providing reservation to EWS cannot be permitted; Petition allowed


Karnataka High Court

Breach of Policy

[MV Act] Kar HC | When there is breach of policy condition and the policy is in force at the time of accident, “Pay and Recover” principle to be applied

Summons

Kar HC | Whether it is mandatory for issuance of a summons under S. 91 CrPC before issuance of a warrant under S. 93 CrPC? HC Answers

Proceedings

Kar HC | If the petitioner unconditionally withdraws a particular matter can the said subject matter be re agitated in any other proceedings? HC analyses


Kerala High Court

Victim Compensation

Ker HC | [S. 357A CrPC] Strengthening jurisprudence behind victim compensation, Court allows petition stating ‘statutory provision is not given retrospective effect and instead a prospective benefit is given based on an antecedent fact’

Medical Termination of Pregnancy

Ker HC | Minor rape survivor allowed to undergo medical termination of pregnancy even after 25 weeks and 3 days gestational age considering the risk of severe psychiatric trauma

Extradition

Ker HC | International Arrest Warrant by itself will not suffice to extradite an accused to UAE. For extradition, request should be communicated in writing via diplomatic channels, HC states

Powers of Court under A&C Act

Ker HC | Powers of Court under S. 34 of the Arbitration Act, 1996 are merely supervisory in nature; Court cannot correct errors from the order of Arbitrator, but can only quash it: HC explains

Compensation under MACT

Ker HC | [Motor Accidents Compensation Act] Court grants enhancement in compensation with an additional interest of 9% considering permanent disability; Revision Petition allowed

Corporate Insolvency Resolution Process

Ker HC | No bar to parallel proceedings under SARFAESI Act during ongoing Corporate Insolvency Resolution Process; HC reiterates

Execution Court

Ker HC | [Or. 41 R. 5] Power of execution court to stay the execution is only upto to the stage of filing appeal; Petition allowed

Quota for Disabled Persons

Ker HC | From promotions to vacancies, even where there is no direct recruitment, the 3% quota for disabled persons has to be complied with; HC reiterates

Eviction and Rent Control

Ker HC | Rent Control Court has power under S. 5 of Limitation Act to condone delay, if sufficient cause is shown; Petition allowed

Sale Deed

Ker HC | Question of sale deed being null and void, emerging out of matrimonial relationship can be decided only by Family Court; HC states

Custody

Ker HC | Observing the signs of mental disturbance; HC refuses to remove a 21-year-old from the custody of parents

Alcohol Detection Test

Ker HC | There can be no prosecution under S. 185 of MV Act in the absence of alcohol detection test through breath analyser

Audi Alteram Partem

Ker HC | Court sets aside impugned order directing Drug Disposal Committee to consider the representation made by petitioner and pass fresh orders in accordance with law

Arbitral Award

Ker HC | “An Arbitral award cannot be set aside merely on the ground that compensation awarded is insufficient”; HC concurs with findings of lower Court  


Madras High Court

POCSO Act

Madras HC | ‘High time to amend POCSO Act considering cases where adolescents in grip of their hormones involve in romantic relationship’: Court quashes proceedings paving way for accused and victim to settle in life

Right to Property

Madras HC | “Authorities need to be told that right to property has close nexus with right to life under Art. 21”: HC while issuing notice in acquisition matter pending from 16 yrs

Custody of an Elephant

Madras HC | While protecting an elephant from psychological wound, HC disallows removal of ‘Lalitha’ from caretaker’s custody || Exhaustive analysis of an elephant’s bonding with caretaker


Madhya Pradesh High Court

Bail Application of Munwar Faruqui

MP HC | “The goals enshrined under Art. 51A(e) and (f) are part of our vibrant Constitution and not dead letters”; HC rejects bail application of Comedian Munawar Faruqui

Forwarding Note

MP HC | Absence of forwarding note and delay in production of contrabands are fatal to the prosecution case; HC acquits accused

Recruitment Process

MP HC | Once the process of recruitment commences on issuance of advertisement, no changes in essential qualification or disqualification can be made during subsistence of the said recruitment

Inaction of State

MP HC | “State has shown, by its non-compliance to the orders passed by this Court that it is an institution that prefers to have powers without responsibility”; HC holds State responsible for it being flooded with petitions


Orissa High Court

Contempt of Court

Ori HC | Whether filing of forged and fabricated document amounts to Contempt of Court? HC explains

Arbitration Clause

Ori HC | Can an arbitration clause be invoked when there is an arbitration clause in the agreement but not registered or executed? HC decides

Dying Declaration and Remission of Sentence

Ori HC | Comprehensive Principles governing “Dying Declaration” and “Remission of Sentence” reiterated; Appeal dismissed

Industrialization and Eco-System

Ori HC | No doubt, industrialization is required for enhancement of revenue, but that does not mean at the cost of the lives of human being by destroying eco-system


Patna High Court

Examination

Pat HC | Usage of whitener in OMR sheet led to annulment of result by Controller of Examination: HC answer’s in affirmative

Pat HC | Entire examination process of Bihar Public Service Commission does not deserve to be derailed only because some candidates perceive injustice have been caused to them by an erroneous question or an erroneous answer

Tablighi Activities

Pat HC | State directed to deport foreign nationals charged for Tablighi activities to their respective countries; Allegation of preaching religious ideologies not being supported by any material, held to be an unfounded allegation


Punjab and Haryana High Court

Dependents

P&H HC | “It is unfortunate that dependents/heirs of an ex-employee, who died in harness, are being made to run from pillar to post.” HC warns state to get into action least the Court may be compelled to take a serious view of the matter

Provident Fund

P&H HC | “Provident Fund is based on adequate contributions from members of the fund”; HC allowed forfeiture of pension on resignation   

WhatsApp Messages | Evidence

P&H HC | Whatsapp messages do not have any evidentiary value in the absence of certificate under S. 65B of Evidence Act; HC states

Service Rules

P&H HC | Whether in absence of enabling power in the Service Rules, the period of tenure posting could be extended by the State or its instrumentalities? Court explains

Ownership

P&H HC | There is no requirement in law that a person applying for sanction of the building plan, has to prove his ownership before the building plan can be sanctioned

Recovery of Money

P&H HC | No separate orders required in the matter of OTS having become defunct for non-compliance of conditions by borrowers, Bank becomes free to recover money in accordance with law irrespective of OTS; HC reiterates

Jurisdiction

P&H HC | After complaint is dismissed in default, Court becomes “functus officio” and Judicial Magistrate has no jurisdiction to recall his order and restore complaint; HC decides

Farmers

P&H HC | “Middlemen cannot be allowed to usurp hard-earned money of the Farmers”; Courts required to do substantial justice and not to let offenders go scot-free


Sikkim High Court

Amendment

Sikk HC | [O. VI R. 17 CPC] Amendment can be allowed provided it does not prejudice the rights of the respondents to take up the grounds on waiver and acquiescence at the time of final hearing; HC reiterates


Telangana High Court

Power to take Cognizance

Telangana HC | Is the power to take cognizance of an offence under SC & ST (Prevention of Atrocities) Act, 1989 vested with Magistrate or is there a Special Court for the purpose? Court answers in light of SC decisions

Religious Practices

Telangana HC | [Art. 25] No interference can be made in the absence of any complaint against an individual using his premises for conducting religious practices; HC issues necessary directions

Writ Jurisdiction

Telangana HC | [Interference under Art. 226] Writ Jurisdiction of the High Court cannot be invoked for registration of FIR in cases where an effective remedy lies under the Code of Criminal Procedure


Tripura High Court

Departmental Enquiry

Tri HC | A pending departmental inquiry is by itself a stigma and is attached with several adverse consequences; Court directs quashing of chargesheet and release of due payments

Government Department

Tri HC | Default on the part of a Government department cannot be a reason to prevent an entity from seeking its entitlement; Petition allowed


Uttaranchal High Court

Salary

Utt HC | Salary is a property under Art. 300-A of the Constitution of India which cannot be taken away except by authority of law; Court explains

Elections

Utt HC | Holding elections at regular intervals is mandated by law to ensure that democratically elected Management Committee looks after the affairs of the college; Petition allowed

Surety Bond

Utt HC | Cash can be deposited in lieu of surety bond as per S. 445 of CrPC for attainment of bail: Order of rejection duly quashed

Judgment

Utt HC | Reasons to record in a judgment are life of law and in absence, judgment cannot be said to be legal; Court allows appeal

Government Servants

Utt HC | Rule 8 of Government Servants Dying in Harness Rules, 1974 does not include age as a factor of appointment; Court explains while allowing petition

Examination

Utt HC | Irresponsibility in computation of marks can often lead to an irretrievable situation; Court explains in the matter of re-evaluation of answer sheets

COVID 19

JUDGMENTS/ORDERS



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COVID-19

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Vizag Gas Leak

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Bar under Order 23 Rule 3A CPC to challenge compromise decree extends to strangers as well

“The purpose of effecting a compromise between the parties is to put an end to the various disputes pending before the Court of competent jurisdiction once and for all.”

Employee can be dismissed even after attaining the age of superannuation as per the Conduct, Discipline and Appeal Rules, 1978 : SC in a 2:1 verdict

In a 2:1 verdict, the 3-judge bench of Arun Mishra, MR Shah and Ajay Rastogi, JJ has held that the disciplinary authority has powers to impose the penalty of dismissal/major penalty upon the employee even after his attaining the age of superannuation if the disciplinary proceedings were initiated while the employee was in service in view of the Conduct, Discipline and Appeal Rules.

No coercive action against Advocate Prashant Bhushan over his ‘opium’ tweet on Ramayan re-telecast

SC granted protection to activist lawyer Prashant Bhushan from any coercive action in an FIR lodged against him at Rajkot in Gujarat for allegedly hurting religious sentiments of the Hindus.

Merit, not seniority in the erstwhile cadre, basis for he inter se placement of the candidates selected to the Cadre of District Judge through LCE

If the list is to be drawn up according to merit, it is possible that the last person in the list of selectees may be the senior most and going by the Report of the Committee, if all the selectees are promoted in the same year such last person may as well be at the top of the list of promotes through LCE. In that event, the seniority shall become the governing criteria and the excellence on part of a comparatively junior candidate may recede in the background.

No weddings & events in Jaipur’s Sisodia Rani Ka Bagh after 8:00 PM; SC partially upholds NGT’s order

It would not be appropriate to permit the use of the Monument to hold various functions during the night after 8.00 P.M. The tourist timings are 8.00 A.M. to 8.00 P.M. During that time, considering the importance of the historical Monument and it is in encircled structure by wall and its potentiality there cannot be any objection for its being used for multipurpose appropriate activities. At the same time, there is in place a noise restriction, the same has to be strictly observed.

SC refuses to interfere with appointment of a ‘junior’ judicial officer as an additional judge of the Karnataka High Court

The bench took up the matter through video conferencing at 10 am, just half an hour before the scheduled swearing-in of judicial officer Padmaraj N Desai as an additional judge of the Karnataka High Court and dismissed it saying the Court cannot entertain such plea at the eleventh hour.

No contempt action against FCI: To establish ‘civil contempt’, disobedience of order should be wilful, deliberate & with full knowledge of consequences

“…to constitute civil contempt, it must be established that disobedience of the order is wilful, deliberate and with full knowledge of consequences.”


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Citizenship (Amendment) Act row|

No stay on CAA as SC asks Centre to file response within 4 weeks

Country is going through difficult times: SC while refusing urgent hearing on plea seeking to declare CAA as constitutional

Sabarimala Case|

9-Judge Bench asks advocates to fine-tune the ‘broad’ issues

Hearing before the 9-judge bench to conclude in 10 days

Nirbhaya Case|

SC dismisses Mukesh Kumar’s plea against rejection of mercy plea

SC yet again rejects Pawan Kumar’s plea of juvenility

SC dismisses Pawan Kumar’s plea seeking review of order rejecting juvenility claim

Akshay Kumar Singh’s curative petition dismissed by a 5-judge bench

Article 370| Review all orders imposing curbs in a week and put them in public domain: SC to J&K administration

In a major verdict, the 3-judge bench of NV Ramana, R Subhash Reddy and BR Gavai, JJ has asked J&K administration to review all orders imposing curbs on telecom and internet services in the state in a week and put them in public domain.

“The existing Suspension Rules neither provide for a periodic review nor a time limitation for an order issued under the Suspension Rules. Till this gap is filled, the Review Committee constituted under Rule 2(5) of the Suspension Rules must conduct a periodic review within seven working days of the previous review, in terms of the requirements under Rule 2(6).”

Delhi-NCR Pollution| Show cause notice to Delhi, Rajasthan, UP and Haryana Govts & an extensive list of directions to curb the ‘life threatening” pollution

The bench of Arun Mishra and Deepak Gupta, JJ has issued a long list of directions to curb the Delhi-NCR Pollution after noticing that,

“the air pollution is worsening, and a large number of people suffer as a side effect by various diseases such as cancer, asthma, etc.The life span is also adversely affected.”

5-judge bench holds no time limit could be fixed while granting anticipatory bail

In a significant ruling, a 5-judge bench of Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah, and Ravindra Bhat, JJ has unanimously ruled that the protection granted to a person under Section 438 Cr.PC should not invariably be limited to a fixed period; it should inure in favour of the accused without any restriction on time.


MORE STORIES


2002 Gujarat riots| SC grants bail to 14 convicts in Sardarpura massacre case; Asks them to do ‘social service’

A bench headed by CJI SA Bobde has granted bail to 14 convicts in the Sardarpura village massacre case where 33 people were burnt alive during the 2002 communal riots in Gujarat. The 14 convicts who had been sentenced to life imprisonment have been asked by the Court to do social and spiritual services among others during the period of the bail.

Bhopal gas tragedy| Justice S Ravindra Bhat recuses from hearing Centre’s plea for additional fund

Justice S Ravindra Bhat has recused himself from hearing the Centre’s plea seeking Rs 7,844 crore as additional fund from successor firms of US-based Union Carbide Corporation for giving compensation to the 1984 Bhopal gas tragedy victims.

Notice issued to Centre on plea claiming 2,000 transgenders excluded from NRC in Assam

A Bench headed by CJI SA Bobde has issued a notice to the Central government on a petition claiming that around 2,000 transgenders were excluded from the National Register of Citizens (NRC) list in Assam. The petition, filed by Assam’s first transgender judge Swati Bidhan, said that NRC was not inclusive of the transgenders and forced them to accept male or female as their gender.

Centre moves SC seeking 7-day deadline for hanging death row convicts

The Centre has moved the Supreme Court for fixing a seven-day deadline for executing death penalty of condemned prisoners. The plea of the Ministry of Home Affairs (MHA) assumes significance in view of the the death row convicts in the sensational Nirbhaya gangrape and murder case of 2012 filing review, curative and mercy petitions, which has delayed their hanging.

Prisoners under lawful detention can’t use Habeas corpus writ to seek pre-mature release

In a case where pre-mature release of convicts was sought in terms of a Scheme framed by the Government of Tamil Nadu, the bench of SA Nazeer and Deepak Gupta, JJ observed that a writ of  habeas corpus  will not lie and such a prayer should be rejected by the Court where detention or imprisonment of the person whose release is sought is in accordance with the decision rendered by a court of law or by an authority in accordance with law.

SC dilutes unwarranted observations made by SAT casting aspersions on SEBI’s role in disposing of complaint connected with Times Group

A Division Bench of Arun Mishra and Indira Banerjee, JJ., diluted certain adverse observations made by the Securities Appellate Tribunal (“SAT”) against the Securities and Exchange Board of India (“SEBI”) in para 20 of its order passed in Ashok Dayabhai Shah v. SEBI (Appeal No. 428 of 2019, dt. 14-11-2019).

“It’s so sad!” that NCPCR and State Commissions are fighting over jurisdiction when they should be protecting the rights of the children

Showing dismay over the fact that the National Commission for Protection of Child Rights (NCPCR) and the West Bengal Commissions for Protection of Child Rights set up to protect children have been at loggerheads over their so called jurisdictions, the bench of Deepak Gupta and Aniruddha Bose, JJ held that there is no dispute over the jurisdiction of the two Commissions and that it was sorry that it had to spend its time resolving such disputes.

Non-compliance of Rule 180 of the Army Rules, 1954 cannot be a ground for ordering a re-trial

In a case where an Armed Force Tribunal ordered retrial on the ground that the procedure prescribed in Rule 180 of the Army Rules, 1954 had not been followed, the bench of L. Nageswara Rao and Ajay Rastogi, JJ has held that non-compliance of Rule 180 cannot be a ground for ordering a re-trial as the Tribunal does not have jurisdiction to direct re-trial on any other ground except that mentioned in Section 16(2) of the Armed Forces Tribunal Act, 2007.

Object of achieving educational excellence cannot be subsided merely in the name of exercise of Right under Article 30 of the Constitution

If the intent is to achieve excellence in education, would it be enough if the concerned educational institutions were to employ teachers with minimum requisite qualifications in the name of exercise of Right under Article 30 of the Constitution, while better qualified teachers are available to impart education?”