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Driving in the wrong direction will now attract FIRs

2022-03-09

Driving in the wrong direction will now attract FIRs

Offenders driving in the wrong direction will have to appear before court and their vehicles will be impounded : Mumbai police

Madras HC: Transgender persons are entitled to a separate reservation.

2022-03-04

Madras HC: Transgender persons are entitled to a separate reservation.

The Madras HC has stated that transgender persons self-identifying as females can’t be clubbed under the women quota, should be given special reservation.

Compensation reduced by SC

2022-03-02

Compensation reduced by SC

Supreme Court reduces compensation that was initially granted to a Government servant who continued to work after the accident.

SC: Prima facie evidence enough for magistrate to take notice.

2022-02-23

SC: Prima facie evidence enough for magistrate to take notice.

Supreme Court held that proper authorization can be an issue for trial and complaint cannot be quashed on this ground under section 482 CRPC

Allahabad HC: Pocso Act is not intended for cases of

2022-02-21

Allahabad HC: Pocso Act is not intended for cases of

Allahabad HC granted bail to a man who married a minor girl, the court stated that POCSO Act is not meant for teenagers' romantic affairs.

SC declines transfer of the consumer complaints.

2022-02-11

SC declines transfer of the consumer complaints.

Supreme Court rejects YES bank's plea: Consumer complaints cannot be transferred to High Court.

SC: Cases of fake and fabricated documents cannot be quashed.

2022-02-07

SC: Cases of fake and fabricated documents cannot be quashed.

The Supreme Court is of the opinion that cases of fake and fabricated documents can't be quashed under any circumstances by stating that there is no wrongful loss of revenue.

Punjab and Haryana HC held that 'No' means no even after initial 'yes' in rape  case

2022-01-28

Punjab and Haryana HC held that 'No' means no even after initial 'yes' in rape case

The Court ruled that accused doesn’t get the right to sexually exploit a woman if she has given the consent in previous occasions: Punjab and Haryana HC.

HC held that minor cannot get the Anticipatory Bail U/s 438 CrPc

2022-01-25

HC held that minor cannot get the Anticipatory Bail U/s 438 CrPc

Can A Juvenile Seek Anticipatory Bail U/S Section 438 CrPC? Calcutta High Court Refers Question To Larger Bench

Delhi HC held that No one can claim Copyright over Cricket

2022-01-20

Delhi HC held that No one can claim Copyright over Cricket

The Delhi Court observed that there can be no copyright on the evolution of the game from five-day test matches to the recent format of T-20 cricket, and therefore refused to stay the staging of the upcoming Legends League Cricket tournament.

SC held that no person can be forced to be vaccinated against their wishes.

2022-01-17

SC held that no person can be forced to be vaccinated against their wishes.

No person can be forcibly vaccinated without consent; Centre hasn't made carrying vaccine certificate mandatory for any purpose : Centre tells Supreme Court.

SC held that Rights of parents are irrelevant when deciding custody of child.

2022-01-13

SC held that Rights of parents are irrelevant when deciding custody of child.

Issue regarding custody of a minor child and the issue of the repatriation of the child to the native country has to be addressed on the sole criteria of the welfare of the minor: Supreme Court

Bombay HC held that The right to seek remedy under the DV Act is an exclusive right of the aggrieved person.

2022-01-11

Bombay HC held that The right to seek remedy under the DV Act is an exclusive right of the aggrieved person.

Domestic violence act remedy cannot be claimed by legal representative on behalf of deceased: Bombay High Court.

Karnataka HC held that DNA test permissible to determine veracity of allegations

2022-01-06

Karnataka HC held that DNA test permissible to determine veracity of allegations

DNA test on rape accused to ascertain paternity not hit by self-incrimination under Article 20(3): Karnataka HC.

Kerala HC: Accused u/s 138 of NI act can directly pay the amount to the  complainant

2022-01-04

Kerala HC: Accused u/s 138 of NI act can directly pay the amount to the complainant

Rasjeswary v. State of Kerala is a case decided by the Kerala High Court wherein it was held that in case of dishonored cheques under Sec 138 of the NI Act,the court cannot insist the accused to pay the compensation sum in the court, and the accused.

Approval of State Government necessary before executing of sale deed

2021-12-30

Approval of State Government necessary before executing of sale deed

Absence of prior approval by state government before executing the sale deed would vitiate and invalidate the document: Karnataka HC.

Unauthorized and illegal WhatsApp groups circulating E-paper to be taken down: Delhi HC

2021-12-28

Unauthorized and illegal WhatsApp groups circulating E-paper to be taken down: Delhi HC

Delhi High Court issues summons to WhatsApp, group admins over illegal circulation of Dainik Bhaskar e-paper in a suit filed by Dainik Bhaskar Group.

Lok Sabha: The electoral registration officers to seek Aadhaar number of people who want to register as voters.

2021-12-21

Lok Sabha: The electoral registration officers to seek Aadhaar number of people who want to register as voters.

Lok Sabha passes election laws amendment bill to link voter ID with Aadhaar.

SC: No specific order of court required to comply with inherent rights.

2021-12-16

SC: No specific order of court required to comply with inherent rights.

The SC dismisses PIL for a direction to Govt to ensure that the right of citizens to live with dignity is not violated it says that it is the duty of the state, no order is required.

SC: Case against charge sheeted accused cannot be quashed merely because other  suspects not charge sheeted

2021-12-13

SC: Case against charge sheeted accused cannot be quashed merely because other suspects not charge sheeted

The SC ruled that during the trial, if it is found that other accused persons who committed the offence are not charge-sheeted, the Court may array those persons as accused in exercise of powers under Section 319 CrPC.

SC: A litigant is bound to state all facts which are relevant to the litigation.

2021-12-09

SC: A litigant is bound to state all facts which are relevant to the litigation.

The SC ruled that non-disclosure of past & present litigations concerning dispute amounts to suppression of material facts.

SC: Failure to furnish a reply by the creditor as per the mandate of Section 13(3A) of the SARFAESI Act would not entitle the debtor to discretionary relief.

2021-12-06

SC: Failure to furnish a reply by the creditor as per the mandate of Section 13(3A) of the SARFAESI Act would not entitle the debtor to discretionary relief.

The SC has laid down that SARFAESI proceedings cannot be invalidated on mere failure of the bank in giving reply to objections if borrower's proposals were otherwise considered.

SC holds father responsible to maintain child till adulthood

2021-12-03

SC holds father responsible to maintain child till adulthood

Father's responsibility to maintain child continues till adulthood and cannot be absolved from his liabilities till the son attains majority – SC

SC: Allegations of fraud not sufficient under SARFAESI Act.

2021-11-29

SC: Allegations of fraud not sufficient under SARFAESI Act.

The Supreme Court held that mere allegation of fraud without particulars is not Sufficient to get over the bar on civil suit under section 34 of SARFAESI Act.

Madras HC: Religious conversion won't change a person's caste

2021-11-25

Madras HC: Religious conversion won't change a person's caste

The Madras High Court had held that a person is not entitled to claim an 'inter-caste marriage' certificate on the pretext of his community certificate when he originally belonged to a certain caste but received a different community certificate on a

SC on the Employees Compensation Act

2021-11-22

SC on the Employees Compensation Act

SC held that the compensation for disability cannot be reduced on grounds that WHO norms do not apply to India.

Supreme Court cancels “ No Skin-to-skin contact” order.

2021-11-19

Supreme Court cancels “ No Skin-to-skin contact” order.

The Supreme Court of India passed an order stating,‘Most important ingredient of Sexual Assault is Sexual Intent and not Skin-to-Skin Contact.’

Urgent need for Supreme Court to ensure ways to mitigate custodial torture

2021-11-15

Urgent need for Supreme Court to ensure ways to mitigate custodial torture

There is an urgent need for Supreme Court to ensure CCTV installation in Police Stations to curb custodial torture.

SC: Old rules for lapse of proceeding will not apply under the new Land Acquisition Act.

2021-11-11

SC: Old rules for lapse of proceeding will not apply under the new Land Acquisition Act.

The Supreme Court said that a 2 Year period for lapse of Proceedings under the 1894 Act wouldn't apply after the Notification of 2013 land acquisition Act.

SC: Will can be revoked only by modes under Section 70 Succession Act

2021-11-08

SC: Will can be revoked only by modes under Section 70 Succession Act

The Supreme Court of India passed an order stating that a Will cannot be revoked by a Subsequent Agreement and can be revoked only by modes mentioned under Section 70 of the Succession Act.

 PC Act - More Time Taken For Preliminary Enquiry Not A Ground To Quash Criminal Proceedings: Supreme Court

2021-11-02

PC Act - More Time Taken For Preliminary Enquiry Not A Ground To Quash Criminal Proceedings: Supreme Court

The Supreme Court has observed in the State of Jammu and Kashmir v Dr. Saleem ur Rehman that merely because some more time is taken for conducting a preliminary inquiry, that cannot be a ground to quash the criminal proceedings for an offence under t

Bombay HC's stance on reading out evidence

2021-10-28

Bombay HC's stance on reading out evidence

Bombay High Court: Don’t want lawyers reading out in open court evidence on sexual offences, instead, lawyers should point out relevant paragraphs which the Court will then read on its own,

SC: No Bar Association can pressurize Chief Justice to change roster of a judge.

2021-10-25

SC: No Bar Association can pressurize Chief Justice to change roster of a judge.

While taking strong objection to the boycott by the Jaipur Bar Association, the Supreme Court observed that the Bar Association and Advocates cannot pressurize a Chief Justice to change the roster of a judge.

Bombay HC: Merely abusing Complainant does not constitute offence.

2021-10-21

Bombay HC: Merely abusing Complainant does not constitute offence.

The Nagpur Bench of the Bombay High Court has held that mere allegation that the accused abused the complainant does not itself satisfy the ingredients of an offence under section 504 of IPC. Section 504 speaks of ‘Intentional insult with intent to p

SC directs High Courts to make E-Filing mandatory in certain categories

2021-10-18

SC directs High Courts to make E-Filing mandatory in certain categories

The Supreme Court e-committee has sent a letter to all high courts directing them to ensure that all petitions and cases filed by the government will be done only by way of e-filing. The new rules will come into effect from January 1, 2022.

Bombay High Court dismisses Srei Group shareholder's plea against RBI

2021-10-14

Bombay High Court dismisses Srei Group shareholder's plea against RBI

The High Court of Bombay has dismissed a petition filed by a promoter of Srei group opposing an order of the Reserve Bank of India (RBI) by which it had assigned an administrator replacing the board of directors of the Company. Adisri Commercial Priv

Delay in Recording Eye Witnesses Statement is not a basis to reject their Testimonies: SC

2021-10-11

Delay in Recording Eye Witnesses Statement is not a basis to reject their Testimonies: SC

The Supreme Court held that a hold up in recording the statements of eye-witnesses could not result in the refusal of their testimonies

In Consumer Disputes cases, the onus of proof that there was a deficiency in service is on the complainant: SC

2021-10-07

In Consumer Disputes cases, the onus of proof that there was a deficiency in service is on the complainant: SC

The Supreme Court held that in a matter of Consumer Dispute case, the onus of proof that there was a deficiency in service would be on the part of the complainant.

105th Constitution Amendment.

2021-10-04

105th Constitution Amendment.

The 105th Amendment of the Constitution Act, 2021 has come into effect from 15th August 2021, as given by the Ministry of Social Justice and Empowerment notification.

J&K HC imposes costs on PIL

2021-10-01

J&K HC imposes costs on PIL

The High Court of Jammu & Kashmir and Ladakh held that a PIL is not a pill for every ill and should not be considered if good intentions of the petitioners are in question, the Bench further stated that a PIL should not be used as an arm gun to gathe

SC: If Signature on Cheque Is Admitted, Presumption Under Section 139 Will Be Raised

2021-09-28

SC: If Signature on Cheque Is Admitted, Presumption Under Section 139 Will Be Raised

The Apex Court has held that if the signature on the cheque is admitted, then presumption under Section 139 of the Negotiable Instruments Act that the cheque was provided in conduct of a legally enforceable debt will be raised. Upon this, it is incum

SC to recall Suo Motu Extension of Limitation period.

2021-09-23

SC to recall Suo Motu Extension of Limitation period.

The SC observed that it will recall the Suo Motu extension of the limitation period with effect from October 1 and will also give a buffer period of approx. three months with effect from October 1, 2021.

SC: Karta Cannot File Consumer Complaint for sister-in-law

2021-09-20

SC: Karta Cannot File Consumer Complaint for sister-in-law

The SC observed that Karta of Joint Hindu Family cannot file Consumer Complaint about Deficiency in Service related to the treatment given to his pregnant Sister-in-law.

Living together is not an obligatory exercise: SC

2021-09-16

Living together is not an obligatory exercise: SC

The SC observed that living together is not a compulsory operation as it called on its constitutional powers to separate a couple through an order of divorce even as the woman resisted dissolution of the marital tie.

SC: Insolvency and bankruptcy cases must be pronounced within 330 days.

2021-09-13

SC: Insolvency and bankruptcy cases must be pronounced within 330 days.

The SC stated that the 330-day timeline for the resolution plan must be strictly adhered to, and once Creditors Committee presents a resolution plan for assets under stress, the plan cannot be modified or withdrawn by the applicant.

SC: Temple property is of deity, and pujaris don't have holding rights.

2021-09-09

SC: Temple property is of deity, and pujaris don't have holding rights.

The Supreme Court has ruled that the deity as a legal person owns all temple property, and the title of the pujari or managers cannot be put in the property ownership papers.

SC: Reference To Facts Does Not Amount to Reappreciation Of Evidence in Second Appeal

2021-09-06

SC: Reference To Facts Does Not Amount to Reappreciation Of Evidence in Second Appeal

The Supreme Court held that merely because the High Court, while considering a second appeal, pertains 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 ha

SC to commence physical hearing from September 1, 2021.

2021-08-30

SC to commence physical hearing from September 1, 2021.

Considering the ease of Corona cases, the Supreme Court has now allowed physical hearings from September 1st, 2021. However, the physical hearing will be restricted to final/ regular hearing matters on non-miscellaneous days, i.e., Tuesdays, Wednesda

The SC clarifies that MPs/MLAs shall not enjoy any priority in hearing of Criminal Appeals.

2021-08-26

The SC clarifies that MPs/MLAs shall not enjoy any priority in hearing of Criminal Appeals.

Considering the involvement of Junagarh’s MP in the murder of an RTI activist, the SC has clearly said that HC should not treat their order as a mandate that appeals to MPs; MLAs have to be heard compulsorily out of turn.

SC: Default Sentences can’t be directed to run concurrently.

2021-08-23

SC: Default Sentences can’t be directed to run concurrently.

The Supreme Court was of the opinion that the default sentences imposed on a convict cannot be directed to run concurrently. Considering the financial condition of the appellant, the Bench gave a finding that a case is certainly made out to have a sy

Gujarat Freedom of Religion Act won't Apply To Inter-faith Marriages Without Fraudulent Means

2021-08-19

Gujarat Freedom of Religion Act won't Apply To Inter-faith Marriages Without Fraudulent Means

The Gujarat High Court passed an interim order stating that the Gujarat Freedom of Religion (Amendment) Act, 2021, will not apply to inter-faith marriages that take place without force, allurement or fraudulent means.

Delhi HC: Netflix can't stream the show on boy found dead in Gurgaon School

2021-08-16

Delhi HC: Netflix can't stream the show on boy found dead in Gurgaon School

The Delhi High Court has restrained online video streaming platform Netflix from showing the documentary titled "A Big Little Murder".

No Bar In Permitting Amendment Of Pleadings Or Filing Of Additional Documents In CIRP Application U/s 7 IBC: Supreme Court

2021-08-12

No Bar In Permitting Amendment Of Pleadings Or Filing Of Additional Documents In CIRP Application U/s 7 IBC: Supreme Court

The Supreme Court observed, that there was no bar in law to the amendment of pleadings in an application under Section 7 of the IBC, apart from those initially filed along with the application under Section 7 of the IBC in Form-1.

Delhi HC: Father does not own daughter; every child has right to use mother's surname

2021-08-09

Delhi HC: Father does not own daughter; every child has right to use mother's surname

The Delhi High Court observed that a father does not own the daughter to dictate terms, and every child has a right to use his or her mother’s surname.

Delhi HC: Cognizance Of Section 138 NI Act

2021-08-05

Delhi HC: Cognizance Of Section 138 NI Act

The Delhi HC has held that if the Metropolitan Magistrate takes cognizance of an offense under Section 138 of the Negotiable Instrument Act, 1881, a decree against the respondent/defendant will not follow automatically.

In The Absence Of Allegation Of Deception From The Inception, No Offence Is Established: Jharkhand High Court

2021-08-02

In The Absence Of Allegation Of Deception From The Inception, No Offence Is Established: Jharkhand High Court

The Jharkhand High Court has held that during the absence of any allegation of false promise, deception, or inducement at the time of the transaction, breach of undertaking to repay the loan cannot solely be a basis for conviction under Section 420 o

Ex-Parte Decree Against Minor

2021-07-28

Ex-Parte Decree Against Minor

The Supreme Court upheld a judgment given by the Madras High Court, which held that an ex-parte decree passed against a minor not represented by a guardian is null.

Should Part IXB of the Constitution of India be operative insofar as multi-state co-operative societies: SC

2021-07-22

Should Part IXB of the Constitution of India be operative insofar as multi-state co-operative societies: SC

On Tuesday, the SC struck down the law introduced by the Parliament on regulating cooperative societies within states and Union territories under the 97th Constitution Amendment 2011, without first getting ratified from half of the state legislatures

Should limit time for arguments, pages written in submission: SC

2021-07-19

Should limit time for arguments, pages written in submission: SC

On Thursday, the SC said the time has come to put in practice allocation of time for each arguing counsel in the courts and limit the number of pages in their written submissions to realise the commoners’ dream of the right of speedy justice.

Legislature can bring laws with retrospective effect: SC

2021-07-02

Legislature can bring laws with retrospective effect: SC

Holding that the legislature has powers to bring in laws with retrospective effect, the SC upheld the constitutional validity of the Tamil Nadu Land Acquisition (Revival of Operation, Amendment and Validation) Act, 2019, which was applied retrospecti

SC: No life term for kidnapper if the hostage is well looked after.

2021-07-02

SC: No life term for kidnapper if the hostage is well looked after.

The SC has ruled that if a person kidnaps a child for ransom but looks after the minor well and does not threaten to kill or harm him to extract release money from his parents, he could not be sentenced to life imprisonment under Section 364A of IPC.

Guarantors for loans liable under IBC proceedings: SC.

2021-06-21

Guarantors for loans liable under IBC proceedings: SC.

In a blow to promoters of several companies facing insolvency action, the SC ruled that personal assets of chairpersons and directors, who stood guarantee for corporate loans from banks that turned into bad debts, would face liability in the resoluti

SC: Sedition law needs a relook, especially for media

2021-06-09

SC: Sedition law needs a relook, especially for media

The SC believed that section 124A of the IPC, which deals with the offence, will need interpretation, especially its application about freedom of the press.

Accused denied anticipatory bail, could be given protection: SC

2021-06-03

Accused denied anticipatory bail, could be given protection: SC

An SC judgment said an accused denied anticipatory bail can, in exceptional circumstances, still be given protection from immediate arrest if his sudden incarceration by the State will plunge his personal affairs and family into crisis.

SC allows banks to invoke personal guarantees of defaulters

2021-05-26

SC allows banks to invoke personal guarantees of defaulters

The SC upheld a government notification of 2019 to invoke personal guarantees of promoters whose companies defaulted on bank loans. This ruling will allow banks to file personal bankruptcies against top Indian promoters whose companies have been sent

Pay INR 30 lakh to kin of advocates who died of COVID: Lawyers' body to Karnataka CM

2021-05-24

Pay INR 30 lakh to kin of advocates who died of COVID: Lawyers' body to Karnataka CM

Requesting to provide free treatment for the Bar Bench members and the court staff, the Advocates' Association of Bengaluru urged the CM to release funds immediately.

Evidence Act- Provison 6 to Section 92 will not apply if the document is without ambiguity: SC

2021-05-13

Evidence Act- Provison 6 to Section 92 will not apply if the document is without ambiguity: SC

The SC has held that the proviso 6 to Section 92 of the Evidence Act will not apply if a document is straightforward, without any ambiguity in meaning.

Lawyer booked for the online post.

2021-05-13

Lawyer booked for the online post.

After an inquiry, a case was registered under section 504 of IPC as per the magistrate's directions against an advocate regarding false propaganda of Covid-19 pandemic conditions on social media, and the Jangaon district court ordered the police to f

Copyright Registration: Bombay HC shows the right way.

2021-05-06

Copyright Registration: Bombay HC shows the right way.

Bombay HC sets the record straight through ruling that copyright registration is not mandatory for enforcement.

Schools can't charge students for unused facilities: SC.

2021-05-04

Schools can't charge students for unused facilities: SC.

The SC has held that private schools demanding fees from students for the activities and facilities not availed by them due to the lockdown amounts to 'profiteering' and 'commercialization'.

In-Laws cannot be left out in bride suicidal cases: Madras HC

2021-04-28

In-Laws cannot be left out in bride suicidal cases: Madras HC

The Madras HC held that in-laws should not be allowed to go scot-free in bride suicide cases just because they did not live with the bride.

Indian Parties can choose a foreign seat for Arbitration: SC

2021-04-28

Indian Parties can choose a foreign seat for Arbitration: SC

The SC held that parties to a contract who are Indian nationals or Companies incorporated in India could choose a forum for arbitration outside India.

IRDAI imposes INR 51 Lakh penalty on four insurers

2021-04-22

IRDAI imposes INR 51 Lakh penalty on four insurers

Insurance regulator IRDAI has imposed a penalty of INR 51 lakh on four insurers, including SBI General Insurance Company, to violate certain norms related to motor insurance.

SC orders HCs to amend rules governing criminal trials to address delay,  deficiencies

2021-04-22

SC orders HCs to amend rules governing criminal trials to address delay, deficiencies

On Tuesday, the SC ordered HCs across the country to amend their rules governing criminal trials to incorporate the draft rules prepared by three SC-appointed Amici Curiae to address delays and deficiencies in criminal trials.

Child born in live-in relationship to be construed as a child born to married couple: Kerala HC.

2021-04-12

Child born in live-in relationship to be construed as a child born to married couple: Kerala HC.

In a momentous ruling, the Kerala HC has recognized that a child born in a live-in relationship would have to be treated as a child born to a married couple to surrender a child for adoption.

SC allows the deportation of Rohingyas to Myanmar as per the procedure prescribed

2021-04-09

SC allows the deportation of Rohingyas to Myanmar as per the procedure prescribed

The SC on Thursday refused to grant relief in a petition challenging the detention of Rohingya refugees in Jammu and the move to deport them back to their parent country Myanmar.

Mask is compulsory even if driving alone: Delhi HC.

2021-04-07

Mask is compulsory even if driving alone: Delhi HC.

The Delhi HC said today that a mask is compulsory even if a person is driving alone in a car, terming any vehicle a "public place" where Covid rules apply.

86% insolvency cases pending over 270 days

2021-04-07

86% insolvency cases pending over 270 days

Over 85% of the ongoing corporate insolvency cases have dragged beyond 270 days, which was the upper limit for finalizing the process.

The SC directs the former Police Commissioner to the HC for the CBI probe

2021-03-24

The SC directs the former Police Commissioner to the HC for the CBI probe

The Apex Court directs the former Police Commissioner to move the HC for the CBI probe against Anil Deshmukh.

SC holds that a cryptic telephonic message does not amount to an FIR

2021-03-24

SC holds that a cryptic telephonic message does not amount to an FIR

SC observes that a telephonic message not distinctly specifying the offense is not an FIR.

Advocates can only earn livelihood if they come into contact with people: SC

2021-03-19

Advocates can only earn livelihood if they come into contact with people: SC

The SC on Thursday orally observed that the concerns of the legal fraternity regarding priority for COVID-19 vaccination were genuine, which require consideration.

Court judgments should be in a language that can be understood by both lawyers and citizens: SC.

2021-03-18

Court judgments should be in a language that can be understood by both lawyers and citizens: SC.

A Bench of Justices DY Chandrachud and MR Shah stated that the purpose of judgments is to convey the basis and reasons for its decision to lawyers and citizens who approach courts for remedy.

Parliament passes Arbitration & Conciliation (Amendment) Bill, 2021

2021-03-11

Parliament passes Arbitration & Conciliation (Amendment) Bill, 2021

On Wednesday, Rajya Sabha passed the Arbitration and Conciliation (Amendment) Bill, 2021, by voice vote. The Lok Sabha passed the Bill on February 12, 2201. The bill proposes to put an automatic stay on awards induced by fraud/corruption.

Wife not husband's chattel, can't be forced to live with him: SC.

2021-03-04

Wife not husband's chattel, can't be forced to live with him: SC.

SC observed that a woman is not a chattel to be forced to live with her husband, hearing a case where a man sought an order from the family court at Gorakhpur to his spouse to start living with him again.

Digital filing of pleadings and documents should be encouraged: Delhi HC.

2021-03-04

Digital filing of pleadings and documents should be encouraged: Delhi HC.

Delhi HC stated that digital filing should be encouraged before all courts to capitalize upon the learning and experience derived during the COVID-19 pandemic. The Court had even directed that an amount of INR 2.52 crore be released from its budget.

Lawyer sent to jail for sending birthday wishes to judge.

2021-03-04

Lawyer sent to jail for sending birthday wishes to judge.

The Madhya Pradesh HC will hear a bail plea today that was filed by a jailed lawyer who had downloaded the judge's photo from her Facebook account and attached it to a birthday card sent by email.

Citing poor infra, SC seeks a legislative impact study on consumer law

2021-03-02

Citing poor infra, SC seeks a legislative impact study on consumer law

An SC bench, headed by Justice Sanjay Kishan Kaul, directed the government to place the said study before the court to indicate if social, economic and institutional impacts were taken into account before replacing the 1986 consumer protection 2019 l

Delhi High Court directs Centre to constitute a committee to determine if payment gateways can be reporting entity under PMLA, 2002

2021-03-02

Delhi High Court directs Centre to constitute a committee to determine if payment gateways can be reporting entity under PMLA, 2002

Delhi High Court directs the Ministry of Finance to form a committee to determine whether payment gateway service providers can be a reporting entity under PMLA, 2002.

Supreme Court dismisses petition challenging supremacy of Central Government over States in transferring IPS Cadres

2021-03-02

Supreme Court dismisses petition challenging supremacy of Central Government over States in transferring IPS Cadres

Supreme Court dismisses challenge to Rule 6(1) of the IPS Service Cadre Rules giving supremacy to Central Government over States in officers' transfer.

Car manufacturer not liable for the sale of a worn-out car by the dealer without the manufacturer's knowledge: Supreme Court

2021-03-01

Car manufacturer not liable for the sale of a worn-out car by the dealer without the manufacturer's knowledge: Supreme Court

The Supreme Court held that a car manufacturer could not be held liable for delivery of a defective car by the car dealer in the manufacturer's absence of knowledge.

SC to consider PIL to include Legal field in the Covid-19 vaccination priority list

2021-02-16

SC to consider PIL to include Legal field in the Covid-19 vaccination priority list

On Tuesday, the SC agreed to hear a PIL for the addition of judges, lawyers and court staff to be included in the priority list for Covid-19 vaccination.

DNA Technology Regulation Bill, 2019.

2021-02-12

DNA Technology Regulation Bill, 2019.

The DNA Technology (Use and Application) Regulation Bill, 2019, aims to establish the identity of victims, offenders, undertrials, missing people, unknown dead people, suspects and undertrials. It proposes a DNA Regulatory Board to address concerns a

HC discusses the invocation of arbitration clause if one party appoints arbitrator on 'ex-parte' basis.

2021-02-10

HC discusses the invocation of arbitration clause if one party appoints arbitrator on 'ex-parte' basis.

Justice Kameswar Rao will decide a petition wherein, on the arbitration clause' invocation, one of the parties appointed the sole arbitrator and did not receive confirmation from the other party.

Comedian Munawar Faruqui granted bail; SC says ‘FIR Vague.’

2021-02-08

Comedian Munawar Faruqui granted bail; SC says ‘FIR Vague.’

On Friday, the SC granted bail to stand-up comedian Munawar Faruqui, stating that the procedure of the notice before his arrest was not followed correctly. The SC believed that the FIR was vague.

Cryptocurrency Ban: India plans to introduce new law prohibiting all 'Private Cryptocurrencies.'

2021-02-04

Cryptocurrency Ban: India plans to introduce new law prohibiting all 'Private Cryptocurrencies.'

The government at the Centre is planning to introduce a new law banning all private cryptocurrencies. However, the new law will allow certain exceptions to promote the underlying technology of cryptocurrency and its uses.

SC stays Bombay HC Judgement of the interpretation of 'Sexual Assault' under the POCSO Act.

2021-02-01

SC stays Bombay HC Judgement of the interpretation of 'Sexual Assault' under the POCSO Act.

The SC stayed the acquittal of the accused, wherein it was held that pressing of a minor girl's breasts without disrobing does not amount to "sexual assault" within the meaning of Section 8 of POCSO Act. Meanwhile, the NCPCR has asked the Maharashtra

SC drops UP Govt's plea to stop HC from examining Love-Jihad Laws

2021-01-28

SC drops UP Govt's plea to stop HC from examining Love-Jihad Laws

On Monday, the SC dismissed the UP government's plea seeking to prevent the Allahabad HC from investigating the state's controversial anti-conversion law and that no constitutional court should be "lightly" pursued.

SC drops policy of excluding the reserved community from competing

2021-01-27

SC drops policy of excluding the reserved community from competing

Under Article 32, two female nominees from reserved groups approached the SC opposing the appointment process undertaken in 2013 to fill the vacancies of constables in the UP Police. The SC dropped the policy that excluded the reserved community from

Will non-payment of stamp duty, hold the contract's arbitration clause invalid?

2021-01-25

Will non-payment of stamp duty, hold the contract's arbitration clause invalid?

The Constitutional Bench of the Supreme Court has determined that non-payment of the stamp duty on a commercial contract will not invalidate the arbitration provision which forms part of that contract.

Supreme Court: Committee will proceed with or without protesting farmers.

2021-01-22

Supreme Court: Committee will proceed with or without protesting farmers.

The Supreme Court stated that the panel members are the agricultural fields' brilliant minds, and no one is pressuring the farmers to come before the Committee against their will. The court said that Committee would move ahead with or without the pre

Petitions filed by scholars against MPPSC dismissed by Madhya Pradesh HC.

2021-01-22

Petitions filed by scholars against MPPSC dismissed by Madhya Pradesh HC.

Madhya Pradesh HC dismissed the petitions of former scholars aspiring to become assistant professors and observed that petitioners had made a mistake while filling the form, hence they cannot be given the benefit of extra points.

SC Issues Notice on PILs For Uniform Law.

2021-01-22

SC Issues Notice on PILs For Uniform Law.

A three-judge bench of the Supreme Court (SC) including CJI SA Bobde, J. AS Bopanna and J. V Ramasubramanian issued a notice on two Public Interest Litigations looking for consistency in the personal laws regulating divorce, maintenance and alimony f

Supreme Court rejects Aadhaar review plea in 4:1 verdict.

2021-01-22

Supreme Court rejects Aadhaar review plea in 4:1 verdict.

The Supreme Court on Wednesday, by a majority vote of 4:1, rejected a collection of petitions demanding a reversal of its 2018 judgement, which established the constitutional validity of the Aadhaar flagship scheme of the Centre.

Protection granted to the creators of

2021-01-22

Protection granted to the creators of "Tandav" series.

Bombay High Court issued anticipatory transit bail for three weeks to the Taandav series director, producer and authors, Amazon Prime India.

Delhi HC awarded 10 lakh compensation for negligence of BSES

2021-01-21

Delhi HC awarded 10 lakh compensation for negligence of BSES

The Delhi HC awarded 10 lakh compensation to the family of deceased for the negligence by BSES Rajdhani Power Ltd. in maintaining electric wires in a Petition under Article 226 of the Constitution.

Supreme Court : Notice issued in plea challenging AIBE Rules

2021-01-21

Supreme Court : Notice issued in plea challenging AIBE Rules

The Supreme Court issues notice in a Petition filed by a newly enrolled advocate challenging the AIBE Rules 2010 which mandates that an Advocate has to qualify the AIBE to practice law after enrolment.

Cyber data privacy in peril

2021-01-21

Cyber data privacy in peril

The recent controversy triggered by WhatsApp's move to unilaterally amend its privacy policy appears to have acted as a catalyst to shake Indian citizens out of complacency. Hopefully, the government comes up with an effective mechanism to deal with

SC: One-sided and unreasonable clauses constitutes an unfair trade practice.

2021-01-14

SC: One-sided and unreasonable clauses constitutes an unfair trade practice.

SC held that Developer cannot compel the buyers to be bound by the one-sided contractual terms in the Agreement as it is in violation of the Consumer Protection Act.

Allahabad HC: Compulsory Publication of Notice Under Sec 6 of Special Marriage Act is violative of Right to Privacy

2021-01-14

Allahabad HC: Compulsory Publication of Notice Under Sec 6 of Special Marriage Act is violative of Right to Privacy

The Allahabad High Court has directed that while giving notice under Sec 5 of the Special Marriage Act, it shall be optional for the parties to make a request in writing to publish or not to publish a notice under Sec 6 of the Act.

SC: An accused released on default bail cannot be re-arrested.

2021-01-11

SC: An accused released on default bail cannot be re-arrested.

In an appeal, the SC held that an accused released on default bail cannot be re-arrested on filing of charge-sheet by the police.

SC: Legal rights of Parties cannot be thrown away

2021-01-11

SC: Legal rights of Parties cannot be thrown away

While allowing the appeal arising out of Motor Accident Compensation Claim filed by heirs of a deceased couple, the SC observed that Advocates cannot throw away legal rights or enter into arrangements contrary to law.

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