India Columns

Allowing ED To Take Possession Of Property Before Trial In Exceptional Cases Leaves Scope For Arbitrariness: Supreme Court

Date: Nov 23, 2022

Case Title: Union of India v. Ganpati Dealcom Pvt. Ltd  The Supreme Court while dealing with the constitutionality of certain provisions of the Benami Transactions Prohibition Act, observed that the...

Section 12 of DMA 2005 shall be applicable and is mandatory to be complied with, concerning any disaster, within the meaning of Section 2(d) of DMA 2005: Supreme Court

Date: Nov 23, 2022

Case Title: Reepak Kansal v. Union of India The Supreme Court ruled that the National Disaster Management Authority has a statutory obligation to develop criteria for suggesting minimal ex-gratia aid...

Frivolous Litigation is abusing the process of law: Supreme Court

Date: Nov 23, 2022

Case Title: CHARU KISHOR MEHTA v. PRAKASH PATEL & ORS.  The Supreme Court condemned the act of the petitioner’s repeated cycle of filing and then withdrawing the case before the Court. Agitated by...

Orders Passed Under Section 148 NI Act Are Interlocutory in Nature, Not Revisable: Madras HC

Date: Nov 23, 2022

Case Title: Bapuji Murugesan v. Mythili Rajagopalan  The Madras High Court observed that orders passed under Section 148 of the Negotiable Instruments Act are interlocutory in nature and are outside...

FIR is not a casual thing, a Magistrate cannot mechanically direct registration of FIR: Madras HC

Date: Nov 23, 2022

Case Title: Praveen Rajesh v. Commissioner of Police and others  The Madras High Court reiterated that FIR is not an ordinary/casual thing and could affect the rights of the individual. The order...

Supreme Court issues certain directives on writing simple and lucid judgments

Date: Nov 23, 2022

Case Title: State Bank of India v. Ajay Kumar Sood    The Apex Court addressed the issue of extensive usage of legalese (technical legal words and phrases) in the judgments and laid down broad...

Religious Places and Prayer Halls functioning illegally were ordered to close down: Kerala HC

Date: Nov 23, 2022

Case Title: Noorul Islam Samskarika Sangham v. The District Collector, Malappuram & Ors.  The Kerala High Court directed the State Government to close down religious places and prayer halls that were...

The new asset has to be purchased in the assessee's name to claim capital gain exemption: ITAT

Date: Nov 23, 2022

Case title: Dilip B. Mundada v. The Dy. CIT, Pune According to the Pune Bench of the Income Tax Appellate Tribunal (ITAT), the new asset must be bought in the assessee's name in order to qualify for...

Even though the House is in session, the Governor may still order a floor test: Supreme Court

Date: Nov 23, 2022

Case Title: Shivraj Singh Chouhan & Ors. V. Speaker Madhya Pradesh Legislative Assembly & Ors. The Madhya Pradesh Governor's ability to call a floor test for the legislature cannot be viewed as...

Only those in the Ayushman Bharat Scheme and EWS eligible for free COVID-19 testing, the Supreme Court permits private labs to charge others

Date: Nov 23, 2022

Case Title: Shashank Deo Sudhi V. Union of India & Ors. The Supreme Court amended its previous judgement which mandated that COVID-19 testing be performed for free in both public and commercial...

Article 21-A Of the Constitution of India guarantees education as a Fundamental Right: Allahabad HC

Date: Nov 23, 2022

Case Title: Tanishk Srivastava, Lucknow Thru. Father Ranjeet Km. Srivastava v. State Of U.P. Thru. Prin. Secy. Prim. Edu. Civil Secrtt. Bapu Bhawan Lko And Others  The Allahabad High Court in the...

Without there being a clear case of entrustment, breach of contractual terms does not ipso facto constitute an offence of criminal breach of trust: Supreme Court

Date: Nov 23, 2022

Case Title: M N G Bharateesh Reddy v. Ramesh Ranganathan  The Supreme Court observed that a breach of the contractual terms does not ipso facto constitute the offence of the criminal breach of trust...

Sessions Court cannot exercise its power of revision to quash cognizance & summoning Order of Magistrate: Allahabad HC

Date: Nov 23, 2022

Case Title: Prabhakar Pandey V. The State Of U.P. And Others  The Allahabad High Court observed that while exercising the revisional power, the Sessions Court cannot quash the cognizance and...

A gift deed can be cancelled if the possession is not handed over: Madras High Court

Date: Nov 23, 2022

Case Title: S. Manjula v. G. Shoba and others  The Madras High Court held that a gift deed can be cancelled if it has not been acted upon by the parties.  It took into consideration the principle...

Custodial Death and torture violative of Right to live with dignity under Article 21: Supreme Court

Date: Nov 22, 2022

Case Title: D.K Basu v. State Of W.B. The Court condemned the increased incidents of abuse and deaths in police custody. Although violations of one or more human rights have been the subject of...

The procedure to claim compensation under the 1989 solatium scheme: Kerala High Court

Date: Nov 22, 2022

Case Title: V.K. Bhasi v. State of Kerala & Anr. The Solatium Scheme of 1989, created by the Central Government in accordance with Section 163(1) of the Motor Vehicles Act of 1988, which provides for...

Numerous instructions issued to introduce Video Conferencing in all courts nationwide: Supreme Court

Date: Nov 22, 2022

Case Title: In Re: Guidelines for Court Functioning through Video Conferencing during COVID-19 Pandemic The Supreme Court issued a number of directives to speed up the operation of courts via video...

GST is not payable on the rental of a residential dwelling for personal use: Delhi High Court

Date: Nov 22, 2022

Case Title: Seema Gupta v. Union Of India According to the Delhi High Court, there is no Goods and Service Tax due when renting residential property for personal use. The division bench of Justice...

Speaker must make Disqualification Decision within three months; unbiased Tribunal required under Tenth Schedule: Supreme Court

Date: Nov 22, 2022

Case Title: Keisham Meghachandra Singh V. The Hon’ble Speaker Manipur Legislative Assembly & Ors In a significant ruling, the Supreme Court determined that, barring extraordinary circumstances, the...

If compensation is deposited in the treasury, there would be no lapse in the previous Act's proceedings, decision upheld: Supreme Court

Date: Nov 22, 2022

Case Title: Indore Development Authority V. Manoharlal & Ors. A five-judge Supreme Court panel ruled that even if the compensation has been given through a deposit in the Treasury, the Land...