India Columns

Plea Bargaining: Supreme Court exploring options of allowing the accused to consent for a lesser sentence while not conceding guilt

Date: Nov 22, 2022

Case Title: Sonadhar v. State of Chhattisgarh  The Supreme Court in the present case, explored the options of popularizing the concept of "plea bargaining". The Court further noted that Indian law...

In light of COVID-19, consider releasing juveniles from observation homes on Temporary Bail: Supreme Court

Date: Nov 22, 2022

Case Title: Re Contagion of Covid-19 Virus in Children Protection Homes The Supreme Court ordered the Juvenile Justice Boards and Children's Courts to consider releasing all children who are alleged...

Ingredients to constitute Offence Under Section 308 IPC (Attempt to Commit Culpable Homicide not amounting to Murder): Allahabad HC

Date: Nov 22, 2022

Case Title: Vijay Mishra v. State Of U.P. Thru. Secy. Home Deptt. Lko. And Another  The Allahabad High Court in the present case, explained the essential ingredients to constitute an offence...

Details of migrant workers and place of their earlier employment are maintained in prescribed proforma to be formulated by the concerned State at the village, block and district levels: Supreme Court

Date: Nov 22, 2022

Case: In Re Problems and Miseries of Migrant Labourers The Supreme Court mandated that all states implement the "one nation, one ration card" programme, which allows migrant workers to get ration...

The State Governments to take steps for the free admission of students who have lost both parents to COVID towards the continuation of their education: Supreme Court

Date: Nov 22, 2022

Case Title: In Re Contagion of COVID Virus In Children Protection Homes Concerned about the illicit adoption of COVID-19 orphaned children, the Supreme Court had instructed state governments and...

Economic basis for reservation - as a new criterion, is permissible, Constitutionality of the 10% Quota for EWS upheld: Supreme Court

Date: Nov 22, 2022

Case Title: Janhit Abhiyan v. Union of India The Constitution Bench of former Chief Justice UU Lalit, and Justices Dinesh Maheshwari, S. Ravindra Bhat, Bela M Trivedi, JB Pardiwala, upheld the...

The Jurisprudence of Remand in Civil Appeals: An Analysis of Appellate Powers and Challenges in Indian Law

Date: Nov 22, 2022

The Jurisprudence of Remand in Civil Appeals: An Analysis of Appellate Powers and Challenges in Indian Law Introduction In the procedural landscape of Indian civil litigation, the power of an...

Clients should not be suggested to re-agitate the matter if there is no glaring error in the decision particularly when the matter is barred by limitation: Allahabad HC

Date: Nov 22, 2022

Case Title: Malhan And 17 Others V. State Of U.P. And Another  The Allahabad High Court observed that Advocates should refrain from suggesting misleading legal possibilities to their clients to...

It is not legally mandatory to add two years to the upper limit of age determined by the ossification test: Orissa High Court

Date: Nov 21, 2022

Case Title: Gobardhan Gadaba @ Gadava v. State of Odisha The Orissa High Court has ruled that there is no law mandating that two years be added to the outer limit of age as determined by the...

States shall consider implementing reformative and rehabilitation programs in the Model Prison Manual of 2016: Supreme Court directives

Date: Nov 21, 2022

Case Title: Raju Jagdish Paswan v. State Of Maharashtra  The Model Prison Manual of 2016 reform and rehabilitation programmes should be taken into consideration for implementation by the States,...

Environmental clearance obtained "Ex Post Facto" is illegal: Supreme Court

Date: Nov 21, 2022

Case Title: Alembic Pharmaceuticals Ltd V. Rohit Prajapati and Ors. The Supreme Court has repeatedly stated that the idea of "ex post facto" Environmental Clearance (EC) is contrary to the core...

A matrimonial case is liable to be quashed if the dispute has been resolved through a compromise deed duly verified by the Court: Allahabad HC

Date: Nov 21, 2022

Case Title: Ram Pravesh And 3 Other v. the State of U.P. and Another  The Allahabad High Court in the present case observed that matrimonial dispute between the husband and wife should be quashed...

One cannot claim pay parity unless the two positions are completely the same: Supreme Court

Date: Nov 21, 2022

Case Title: Punjab State Electricity Board & Anr. V. Thana Singh and Ors The Supreme Court has stated that two posts should not be deemed identical in order to demand wage parity unless there is a...

With effect from March 15, 2020 and continuing until further orders, the Supreme Court extends the filing deadline in all Courts and Tribunals

Date: Nov 21, 2022

Case Title: In Re: Cognizance For Extension Of Limitation and IN RE COGNIZANCE FOR EXTENSION OF LIMITATION The Supreme Court approved a general order extending the limits, whether condonable or not,...

The period within which proceedings are initiated should be reasonable in absence of specified period in Statute: Supreme Court

Date: Nov 21, 2022

Case Title: Union of India vs Citi Bank NA   The Supreme Court in the present case observed that the authorities are required to initiate proceeding within a reasonable period when no such period has...

No bar to petition under Section 9, IBC even if execution petition proceedings are pending: NCLAT

Date: Nov 21, 2022

Case Title: Mukul Agarwal v. Royale Resinex Pvt. Ltd & Anr The NCLAT has observed that the pendency of an execution petition does not bar the operational creditor from filing a petition under Section...

Execution proceedings which are supposed to be a handmaid of justice are, in effect, becoming tools which are being easily misused to obstruct justice: Supreme Court

Date: Nov 21, 2022

Case Title: Rahul S Shah v. Jinendra Kumar Gandhi Within one year, the Supreme Court directed the High Courts to reconsider and revise all Rules relating to the Execution of Decrees passed under its...

Ban on the manufacture of Tobacco products in Delhi has been set aside by the Delhi High Court

Date: Nov 21, 2022

Case Title: Sugandhi King Pvt. Ltd. and Anr V. Commissioner( Food Safety) Government of NCT of Delhi and other connected matters Several announcements banning the production, distribution, or sale of...

Legal heirs of the deceased shall be compensated, as the deceased was present at the workplace when the accident occurred: Supreme Court

Date: Nov 21, 2022

Case Title: Leela Bai and Anr V. Seema Chouhan and Anr. The Supreme Court mandated that the employers shall compensate the legal heirs of a bus driver who had passed away in an accident while coming...

Nirbhaya Case: Supreme Court dismissed convicts' last-ditch effort to avoid execution following a hearing past midnight

Date: Nov 21, 2022

Case Title: Pawan Kumar Gupta V. State of NCT of Delhi The Nirbhaya case defendants knocked on the Supreme Court's doors hours before their planned execution in the hopes of last-minute court...