News

Del. HC: 2nd Appeal Can’t be Filed When Single Judge Heard Appeal from Original or Appellate Decree (08.09.2023)
Delhi High Court has held that Section 100-A of CPC proscribes the filing of a further appeal from a decision rendered by a Single Judge of a High Cou....
Del. HC: Patent Agents Don’t Come Within the Ambit of BCI or Advocates’ Act, 1961 (08.09.2023)
Delhi High Court while observing that patent agents do not come within the ambit of the Bar Council of India or the Advocates’ Act, 1961, has stated t....
SC: In case of Unjust Executive Action, Courts must Interfere in Election Process (08.09.2023)
Supreme Court has held that in cases where issues crop up, indicating unjust executive action or an attempt to disturb a level-playing field between c....
SC: High Court Can’t Refuse to Follow Binding SC Judgment Merely Because Review Pending Against it (08.09.2023)
Supreme Court has observed that it is not open to a High Court to refuse to follow a judgment by stating that it has been doubted by a later Coordinat....
SC: New Legislation Passed w/o Curing Defects of Ultra Vires Legislation Would also be Ultra Vires (08.09.2023)
Supreme Court has held that where a legislature merely seeks to validate acts carried out under previous legislation which has been struck down by a C....
Del. HC: Issuing Fake Invoices for GST Evasion is an Economic Offence (07.09.2023)
Delhi High Court has observed that issuing fake invoices and e-way bills for the purposes of GST evasion is an economic offence involving loss to the ....
Del. HC: Service Charge Can’t be More Than 10% of Total Bill Excluding GST (07.09.2023)
Delhi High Court while directing members of Federation of Hotel and Restaurant Associations of India to only use the term ‘Staff Contribution’ in plac....
SC: Lien of Govt. Servant Continues on Previous Post Unless he is Appointed on Another Post (07.09.2023)
Supreme Court has held that lien’ of a government servant only ceases to exist when he/she is appointed on another post ‘substantively’/confirmed or a....
All. HC: Person is Declared as Proclaimed Offender Only After Publication of Proclamation (07.09.2023)
Allahabad High Court has held that a proclamation has to be ‘published’ as provided under Section 82(1) CrPC before a person is declared as a proclaim....
Bom. HC: Writing Off Bad Debt Can’t be Considered as Asset u/s 153A(1) of IT Act (07.09.2023)
Bombay High Court has held that writing-off of a bad debt cannot fall within the ambit of “income, represented in the form of an asset” under Section ....
All. HC: GST Act is a Complete Code, No Room for Deviation from it (07.09.2023)
Allahabad High Court while observing that GST Act, 2017 is a complete Code in itself, has held that there is no room for deviation from it; the provis....
Del. HC: Courts Can’t Make Presumptions Based on Gender (06.09.2023)
Delhi High Court while observing that presumptions based on gender have no place within framework of law, unless provided by the statute, has held tha....
Del. HC: Legislative Intent of 2018 Amendment of SRA was Towards Stronger Enforcement of Contracts (06.09.2023)
Delhi High Court while observing that intent behind 2018 Amendment of Specific Relief Act was to introduce more certainty in enforcement of contracts,....
SC: Judge Can’t be a Mute Spectator in a Trial (06.09.2023)
Supreme Court has observed that if courts are to impart justice in a free, fair and effective manner, then the judge cannot afford to remain a mute sp....
Cal. HC: Mere Paranoia of Authorities Not Sufficient for Issuance of LOCs (06.09.2023)
Calcutta High Court has observed that mere paranoia of the authorities whenever a person against whom allegations are leveled, seeks to leave the coun....
Del. HC: No Fault in Centre’s Notification Declaring All Medical Devices as Drug (05.09.2023)
Delhi High Court has held that as long as MHFW has the power to do so, no fault can be found with the 1st 2020 Notification whereby all medical device....
SC: In Absence of any Specific Challenge, Statutory Provision Can't Be Declared Ultra Vires (05.09.2023)
Supreme Court has held that it is a trite law that for striking down the provisions of law or for declaring any rules as ultra vires, specific pleadin....
SC: S.162 CrPC Doesn’t Prevent Judge from Looking into the Papers of Chargesheet Suo Moto (05.09.2023)
Supreme Court has held that nothing in Section 162 CrPC prevents a Trial Judge from looking into papers of chargesheet suo moto and himself using the ....
Del. HC: Courts Can’t be Used as a Forum for the Purpose of Facilitating Marriages (05.09.2023)
Delhi High Court while observing that Courts of law cannot be used as a forum for the purpose of facilitating marriages by first lodging an FIR allegi....
P&H HC: All Rivers, Natural Choe, Natural Springs are a Common Heritage of Mankind (05.09.2023)
Punjab and Haryana High Court has held that all rivers, natural choe, natural springs are a common heritage of mankind, therefore it cannot be claimed....
Meghalaya HC Fixes Quantum of Compensation for 'Unnatural' Deaths in Police Custody (04.09.2023)
Meghalaya High Court while observing that in custodial death cases State will be liable unless it is reasonably demonstrated that death was due to nat....
Cal. HC: High Courts can Invoke Article 215 to Review its Own Orders (04.09.2023)
Calcutta High Court has held that being Courts of records, the High Courts are invested with inherent powers under Article 215 of Constitution to corr....
Bom HC: SC/ST Act Applicable Even if Victim not Recognized as SC/ST in Place of Offence (04.09.2023)
Bombay High Court has held that a person belonging to Scheduled Caste or Scheduled Tribe is entitled to protection under SC/ST Act in any other part o....
SC: Advocate Acting as Real-Estate Agent for Client Amounts to Professional Misconduct (04.09.2023)
Supreme Court while upholding BCI Penalty to suspend an advocate for 5 years for gross professional misconduct, has held that advocate acting as a Rea....